Is my mother-in-law judgement proof at age 66 in California?

Question

My mother-in-law has a very limited income which she receives from SSI only. She has a couple of credit cards that have gone to collections. Is she judgement proof at 66 years old in California or can they come after her for these past due accounts.

Thanks,
Tony

Answer 1

in theory, she is not judgment proof, but in practicality she is. However, if she owns any real estate, a creditor could file suit and put a lien on her property.

Answer 2

She is probably not judgment proof on credit card debt. Nor should she be, regardless of age or financial status. She used someone else's money to buy things for herself. No one owes her free money. There is no reason why she should not pay for the things she bought.

People have been abusing credit cards for a long time. Some simply don't realize they are going overboard until the time comes when they can't meet the payments. Others deliberately overspend with credit cards with no intention to repay the debt. That is why bankruptcy laws were recently changed to ensure that credit card debt cannot be avoided through bankruptcy. If the debtor has income, he must use some of it to repay the debt.

Your mother-in-law should make every effort to repay the debt as soon as possible to avoid penalties and high interest rates. If she cannot control her spending and live within her income, she should not have credit cards. Possibly some family members can help her out of the current jam and make sure she does not have access to credit cards in the future.

Answer 3

No one is 'judgment proof' based upon age only. She will be held just as financially responsible at age 66 as she would be if she were 26.

Answer 4

They can get a judgment but there is not a lot they can do with it since S.S.I. income is garnishment exempt except for the Federal Government.