Legal Question in Credit and Debt Law in Kansas
My mother is 83 years old and has multiple serious health issues --- she had double by-pass surgery, degenerative disc disease which severely limits mobility, macular degeneration with only partial sight in one eye, extreme high blood pressure, and after a recent fall, she was found to have an aortic aneurysm. Her life expectancy is fairly short according to her doctor. Her only source of income is Social Security. She has no pension, life insurance, she owns no property and rents an apartment. She used a Citibank credit card a couple years ago to get "special offer low or no interest rate cash advances to pay for living and medical expenses. She was a good customer, she never missed a payment or made a late payment. In 2009, Citibank raised her interest rate from 4.9% to 29.99% and she no longer could make even the minimum payment. She stopped making payments in October, 2009. I have contacted Citibank to try to explain her medical issues at no avail. I paid for her outstanding medical bills that were from 2008 or earlier with my savings. But I have been unemployed for over a year and cannot help her with this bill which now amounts to over $10,000.00 with the added fees, etc.
A summons was left on my mother's apartment door to appear in court on Nov. 19, 2010. She was not served directly. She is homebound and unable to attend. I spoke to a friend who is a retired attorney and he told me to ignore the summons, that even with a default judgement against her, there is nothing of value to recover and that Citibank cannot take her Social Security. However, she has the Social Security check direct deposited into a checking account. After she pays her rent, utilities, med co-pays, and heat, she has about $10.00 left in the account. She is currently receiving food assistance from the state, and is qualified for Medicare Extra-Help. My question is; with a default judgement can Citibank take the money in her checking account even though it is her Social Security? Should she not direct deposit the Social Security check?
Thank you for your time.
Randy Austin
785-550-9535
1 Answer from Attorneys
If her social security check is th eonly money going into the accoutn, she shoudl be able to sucessfully quash any garnishment on that account. If you put money in her account, it may all be vulnerable to garnishment.
Good luck
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
