Legal Question in Credit and Debt Law in Virginia
My now widowed mother has several 1000's of debt with home depot and other credit card issuers. She only receives social security and is essentially broke. Can they take her home or personal belongings? place lien on property? Should she declare bankruptcy?
2 Answers from Attorneys
Regarding her home and personal property, if this property is held
only in your mother's name, it could in theory be subject to enforcement
action(s) by her creditor(s), including the placement of a lien against
her home.
However, whether her total debt is such that it would be worth it for her
to file bankruptcy cannot be reliably determined since the facts offered here are too few to allow for a proper evaluation of this issue (in my opinion).
Your mother should certainly consult with experienced Virginia bankruptcy counsel. If she has equity in her house, it could be at risk; her personal belongings, unless particularly valuable, are probably exempt.