the spouce had a long illness credit card debt went up to provide medicine shortly before the one died the other got sick and lost everything is now on disabity signed up for a program to make one monthly payment to that place and then they pay the creditors.now his illness is costly with the meds and there is no way he can pay the debt and go to the doctors medicine and just a rented place to stay.what legal action can be taken against this person he would pay if he had it but needs the medicine so on and the vehicle to keep appoinments is no longer able to work and never will be.
2006-08-12 06:10:19 · 12 answers · asked by Anonymous in Business & Finance ➔ Credit
if he went on disability then he could afford to pay his bills
2006-08-12 18:18:47 · answer #1 · answered by Anonymous · 0⤊ 2⤋
Well first look at the debt to see if it is only owed by the deceased spouce. If the gentleman signed the application, you must see who is collecting, if its an out of state collection agency, just send them a cease and desists letter (no calls or letters) and say good bye! If it is an in-state law firm, he may get sued. Again you must look at the debt, in New York there is a 6 year statute of limitations, that runs from the date of last payment or purchase. If you are being sued, you have the right to ask for a copy of the application, any statements that show purchases made, the plaintiff must prove that you owe the money. Here you must look at who is sueing you (The Plaintiff). If the plaintiff is a debt buyer (not the original creditor) there may be a chance that they dont have the written proof that he owes them money. If a firm obtains a judgment against him they may restrain any bank accounts and garnish 10% of any pay, but they are not able to collect ss or disability or federal retirement benefits. Additionally, all collection agencies including law firms are required to follow the Fair Debt Collection Practices Act (FDCPA), they may be sued $1,000 per violation plus attorney fees regardless of whether you owe the debt or not.
2006-08-12 12:56:49 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I am in a similar situation with only a car and living on disability. As a deaf person it's hard to find someone willing to hire me to work with my limited mobility. Is this person receiving ssi or just disability? Is the person getting Medicaid? Medicare or both? He must see about getting one if not both of those insurances so that the cost of medicine isnt so high for him.
As for the creditors, they will constantly call him up and all he can do is explain the situation. I've been going at it for almost 7 full years and have been told USUALLY (not always) the creditors will dump the debt because the person has no means of being able to pay. As someone once said "you cant get something out of turnip"??? Not even sure if that's the way it's really said but it would be a waste of time going to court trying to get him to pay a debt if he has no means of paying because there's no money. So tell this person not to worry so much about it, SIMPLY tell the creditors he'll do the best he can, if he shows he can pay only $5.00 a month, some will accept it. If creditors say that's not acceptable (as I've had that said to me), simply say "well then you'll have to wait til I can pay it." If you try and also RECORD all conversations (as I do with my TTY and print out the conversations with creditors so I can actually say "I DID talk with so and so at such and such ....") Make sure you write down their names and numbers, the date and time you talked, who said what and what was responded.
I will add, they WILL Try and lie lie lie telling you there's no record of any calls or conversations, they'll try and tell you that they sent out many notices in the mail (which I never received but one a year) and they'll try other things too. Just keep your calm, dont curse and dont get upset. Just be simple and to the point of explaination of why you cant pay the debt.
Good luck!
2006-08-12 08:49:50 · answer #3 · answered by BevD 4 · 1⤊ 0⤋
SSDI cannot be garnished.
As for the car, you would have to look up your states exemption laws. Some states exempt a vehicle from seizure on a money debt judgment.
He is judgment proof as far as his SSDI and he may be judgment proof on his vehicle.
If they do happen to file a suit on him, have him speak to Legal Aid.
Tell him not to talk to the creditors on the phone!!!!! An innocent remark made by him could be twisted into something damaging.
If they call again, have him tell them that receiving phone calls is "inconvenient" (use that word!!!!) and any contact from them must be made US mail. Then he should hang up immediately.
I agree with the other poster about medicaid. Have him go to his local DHS office and see if he can sign up for not only medicaid but food stamps and the lifeline program as well.
2006-08-12 10:18:11 · answer #4 · answered by echo 7 · 0⤊ 0⤋
No legal action can be taken against this person if he or she is disabled. US federal law does not allow creditors to go after people on Social Security Income or Social Security Disability and even Social Security retirement. Some creditor will try to sue. They will find out that can not be forced to pay and sometime the judge will automatically enter a chapter 7 bankruptcy discharge on his/her behalf for all his/her debits
2006-08-12 07:24:26 · answer #5 · answered by webworm90 4 · 0⤊ 0⤋
The credotors can and will come after a vehicle if it is worth a good amount of money but if it is old and not worth much they probably will not . They just want their money and they do not basically care about a persons situation as most is done by computers and with little or no human contact . The company wants to get paid as they pay their bills so they do what they have to do to get thweir money . Tough situation buddy .
2006-08-12 06:16:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
in the world of credit they could care less if you are disabled or not you owe the bill all the same as if you don't have a disability...there are programs with the drug company's that might help you get medicine for a reduced cost or for free depending on your income....bankruptcy might be a last resort for the credit card debt, if credit counseling does not work
There maybe State or Government help if you live in the U.S to help with housing if there is a problem with payment of rent.
Good Luck!
2006-08-12 06:18:10 · answer #7 · answered by USuck79 4 · 0⤊ 0⤋
tell him to claim bankruptcy or have u ever heard of the saying cant get blood from a stone if he is not in a financial situation where he cannot pay it he has to tell them his situation and tell them he cant pay it legally u have to have enough $$ to live and if he is on a very limited income now they cannot take his $$ all he has to do is call the credit card companies and tell them he cant pay it.i had credit cards and i couldnt pay them afterwards adn i still havent the calls eventually do stop and i just told them i couldnt pay it which was the truth
2006-08-12 06:16:53 · answer #8 · answered by And life goes on 2 · 0⤊ 0⤋
US bankruptcy law usually allows you to keep a car and a residence. There are limits on value, but I'm guessing they won't be an issue here. If you have no other resources, there is nothing they can take.
2006-08-12 06:28:36 · answer #9 · answered by STEVEN F 7 · 0⤊ 0⤋
Your health is more important than any car or credit card debt. Take care of your health and to hell with those collection agencies.
2006-08-12 07:21:47 · answer #10 · answered by Luckys Charm 4 · 0⤊ 0⤋
he should declare bankruptcy. See if he can go on permanant disability too.
2006-08-12 06:14:07 · answer #11 · answered by parental unit 7 · 0⤊ 0⤋