Legal Question in Credit and Debt Law in Missouri

My parents are in credit card debt for $40,000. My mom is 65 and gets disability. My dad is 70 and gets social security, between the two a little over $1000.00 month. They own their own home. My mom just got a summons for one of the cards. Can they make them sell their home? Can they garnish their income? They live in Missouri.


Asked on 4/02/11, 10:42 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Based upon the facts you described, it is nearly inconcievable that your parents would be forced to sell their home. But, if ajudgmetn is had agaisn tthem, they may have to pay the judgmetn before they can refinance the home, or get money form selling the home. Also based upon the facts you described, it seems that neither or your parents fixed incomes will be subject to garnishment. But, if they comingle it in an accout with other monies, it may be subject to execution.

Good luck

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Answered on 4/04/11, 3:05 pm
Michael R. Nack Michael R. Nack, Attorney at Law

In addition to the above response, I would suggest that your parents should hire an attorney to represent them in the suit brought by the creditor. An attorney should be able to save them a substantial amount of money, either by defnding the suit or by negotiating a settlement. I have handled hundreds of these cases for people in your parents' situation. You may call me or have them call me if I might be of service.

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Answered on 4/05/11, 12:49 pm


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