Legal Question in Credit and Debt Law in Virginia

Paying Past Due Credit Card Debt

My mother had to be placed in nursing home. (alzeimers) She is on medicaid and most of her ss check goes tom the nursing home. I was notified by a collection agency that she had an outstanding credit card debt (18000) that I was not aware of. She is 93 yrs old and in her right mind would never have charged anything close to that amount. Possible fraud is being considered. This card was cancelled in Oct.2001 and this problem has just been brought to my attention. I know she is not going to be responsible for the total amount but in the end if some of that balance is owed by her, can the collection agency request her to pay with her social security check that is being used for the nursing home?


Asked on 1/02/04, 11:02 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Paying Past Due Credit Card Debt

The social security check is exempt and cannot be touched by creditors. Other assets may not be exempt, so if there are other assets, you should definitely follow up on the fraud issue.

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Answered on 1/02/04, 11:43 am


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