Legal Question in Credit and Debt Law in Utah

''Disabled Parents Burdened with sons' debt''

How is it that two people that are medically disabled be burdened with their sons debt after they co-signed for him? he did not pay the truck note so it was repossessed, the financing company took the parents to court and the judge threw it out saying that you cannot garnish social security-disability, Now the finance company has frozen their checking accounts? Is this legal, How can a judge say and sign one thing to release them of this debt, And then bring them back in not even three weeks later. What do these people need to do, Can they file an appeal, Can the judge be sanctioned for this? These people live off of a fixed income, and the son is paying nothing. There are severe disabilities between both parties and they are not capable of satisfying this debt. Can you tell me where I can start to help them, Even if it is motioning the court to unfreeze their accounts and make the finance company liable for their injustice?


Asked on 12/31/06, 7:40 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: ''Disabled Parents Burdened with sons' debt''

Without seeing all of the documents, a general answer is all that can be given. The collection agency cannot freeze your account unless they are going to garnish it. The bank has either not received a copy of the court's order releasing you from the collection or a new garnishment has been filed. First contact the bank to find out which garnishment they are holding; then make sure you get a copy of the court's order releasing you and get a copy to the bank. You may have to return to court.

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Answered on 1/02/07, 11:00 am


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