Legal Question in Bankruptcy in Maryland
Mother Considering Filing Bankruptcy
My mother (age 67) has been contacted by an attorney for a credit card company that she owes $5000. A payment has not been made in 4 years. She receives $150/mo. social security. They said they will place a lien against her, as well as criminal charges. Can she be thrown in jail for this? Should she file bankruptcy. She is married, has no money in the bank, does not own any property, does not work.
3 Answers from Attorneys
Re: Mother Considering Filing Bankruptcy
First off, she cannot be put in jail, unless she breaks the law and / or does not follow a court order.
As for the debt, a Chapter 7 may be appropriate, however, each case is unique and may be handled differently.
I would be happy to discuss this matter further. Please contact my office for a free consultation.
Re: Mother Considering Filing Bankruptcy
The statute of limitations in Maryland is three years. Although your inquiry did not say so, I am assuming that the credit card has not been used in more than three years. In that case, if your mother is sued for the money claimed by the credit card company, she could assert limitations as a defense to the claim -- unless the credit card agreement provides that the law of a state other than Maryland (one that has a different statute of limitations) applies.
If you have any questions, please feel free to contact me.
Richard S. Stolker
301-294-9500
Re: Mother Considering Filing Bankruptcy
Collectibility is questionable. A lien cannot be placed upon social security payments. Criminal charges are doubtful.
My answer is based upon the limited factual matter described in your question. Should you require legal service you should contact an attorney. This is general information about the law and should not be construed as legal advice. Contact an attorney.
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