Legal Question in Credit and Debt Law in Oregon

Credit Card debt when on Medicaid

I am 81 years old and on the Oregon Health Plan and Medicaid. I live with my daughter under relative foster care. I have$108 left from my Social Security after paying my daughter my portion. I have no assets. I have two credit cards that I ran too high before going on Medicaid. My daughter has been trying to make the payments on these and is having a difficult time doing so. What would happen if we just quit paying on the cards. Talking to the Credit Card companies has gotten us nowhere. What I do?


Asked on 9/03/03, 9:48 am

1 Answer from Attorneys

Noel Snyder Law Office of Noel Snyder

Re: Credit Card debt when on Medicaid

First of all congratulations for making it to 81 years. Now to answer your question you are what we call judgment proof. Your social security cannot be garnished (at least to the extent that there is not an accumulation of more than $7,500). You have no non exempt assets and are not likely to acquire any. Likewise you are not likely to become employed. In short, even if the creditors filed a legal complaint and got a judgment against you they could not collect the judgment. With that said there is still the irritation factor. These creditors and various debt collection agencies will continue to call and harass and pressure you and your daughter. So option 1) Ignore them. Change your phone number, screen your calls and to the extent that they violate Federal or State debt collection practices law you could sue them for statuotry damages, attorney fees and cost. Option 2) negotiate a settlement. You know they can't collect the debt so give them a take it or leave it offer. Put them on notice that if they reject this offer then they are to proceed with their legal remedies. Continued calls and letter will be considered harassment. You old heart might now take it and then we are talking far more than statuotry damages. Finally option 3) you could file a chapter 7 bankruptcy. I beleive you are over on the coast. I don't know what resources are there. In the Portland area Lewis & Clark College runs a legal aid clinic that will assist low income people prepare bankruptcy petition pro bono (free but you have to pay the filing fee $200.00) If you decide to file a bankruptcy and you want a private law firm to help you it is this office's policy to assist senior citzens at a discount rate.

Read more
Answered on 9/03/03, 2:38 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Oregon