Legal Question in Credit and Debt Law in Kansas

My mother is 83. About 3 yrs ago, she fell and broke her hip. We put her in a nursing home and had to sell her old trailer house to help pay for it. She could not pay on her 2 credit cards so they started collection calls on her. I tried to explain the problem but they ignored me. Last year she got out of the nursing home and moved into an old age apt building. She has a small pension and social security that brarely meets her needs right now. She is paying the "low income" rent.

I just received a letter from a lawyer that states they are getting ready to take her to court for one of the credit cards. What should she do?


Asked on 3/17/11, 11:37 am

1 Answer from Attorneys

Anthony Smith LawSmith

If the letter waas addressed to you, and you are not your mother's guardian or attorney in fact (from apower of attorney appointmnet) then your mother may have claim agaisnt that attorney for violating her rights under the Fair Debt Collection Practices Act (FDCPA) and possibly some sections of the Kansas Consumer protection statutes. She may want to tlk with an attorney about that.

If she does not have or does nto want to pursue a claim against the collector (attorney) then she may want to raise any defenses she has in her answer to whatever they file against her. She may not have to worry much though. As you describe it, she has no real assets for them to collect from. Her Social security and possibly her pension are exempt assets that may not be garnered through execution. If you 9or anyone else) comingle your assets in teh same bank account, that may negate the exemption as to her funds.

If she own no rela property, a judgment lien will not do them much good. When she passes, they may be able to fiel aclaim against her probate estate, or open one if the family does not. But, Credit cared companioes often do nto bother to do that. If he debt is below $5,000. they may nto do anything beyond get ajudgmetn agsint her, and wait to see if she wins the lottery or something.

If yoru mother doe snto want to let the debt fester, she may contact the attoney and offer to paty something each month. In cases like hers, some creditors will accept $10 a month. Not knowing which credit cards she had, one cannot predict whether they will accept that or any other deal she may wish to make,. Neither can I predict how vigorously they may choose to pursue her for the outstanding credit card debt.

if she is still concerned, she should consult direclty with an attorney in her area that can have access to all the relevant information. She should not just rely on this general explanation of her position, based upon just the general information you wre able to provide here.

Good luck

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Answered on 3/17/11, 1:22 pm


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