Legal Question in Credit and Debt Law in Pennsylvania
My mother is ill and owes a total of $2700. to three credit cards She receives Social Security and pension. Her income just covers her mortgage and car payments. Her only assets are the car she is purchasing and her home which has negative equity.
She has tried to work with the creditors but the fees are never ending. My question, is there a way not to pay these credit cards due to her situation and not have her income attached? Thanks
2 Answers from Attorneys
You asked about a consumer law matter.
This is one of those circumstances that is easily and affordably handled by an attorney. In certain cases the attorney fees can even come out of winnings from an unscrupulous debt collector.
Contact me or another consumer lawyer to talk about ways that we can help your mother out of her situation.
This message is from Roger Traversa and Arjont and we are a debt relief agency. (This statement is required by law for lawyers who help people file for bankruptcy.)
Regards,
Roger
It is unethical for me to discuss your mother's case wih you. Generally, Social Security/pension income is exempt from garnishment. If your mother lives in Pennsylvania, there is no wage garnishment anyway. Since the home and car are secured, the creditors will not take those things, however, any judgments will constitute a lien on any real property and would have to be satisfied when the property is sold.
I do not know your mother's age or the going rate for bankruptcy in PA, but it makes no sense to file bankruptcy for $2700 in debt. If she is judgment proof, she should just stop paying and allow her creditors to sue her. They will get nothing anyway. Otherwise, she should save up what she can and if the creditors sue, try to settle the debt at that time if she is able.
However, I also work for a debt settlement agency. I do not know if your mother qualifies given her level of debt. She might do better contacting a non-profit like the National Foundation for consumer credit (www.nfcc.org). Plug in your mother's zip code and find an agency near her.
Your mother is free to contact me if she has any questions.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted to Practice in Ga, PA & NC
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