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  1. #1
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    Jul 2011
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    Default Credit Card Collection Agency

    My question involves collection proceedings in the State of: california
    My mother is 84 years old has Alzeimers and Parkinsons disease and is in a home. Her only income is social security and she is barely making ends meet. She does not own property or a car. she has a checking account jointly with me. Her social security check is directly deposited in that account, can they touch it since my name is also on it with her.??? she has been trying in good faith to pay $50 each month on this card and has not used it for almost a year. she honestly does not even remember that she charged that much on it, she is not altogether there. They finally stopped accepting the amount she was paying as the minimum was much higher. They have now turned this over to a financial agency. Even if they sued her, she could not even make a court appearance. Help

  2. #2
    Join Date
    Mar 2008
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    Default Re: Credit Card Collection Agency

    Quote Quoting ormva
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    My question involves collection proceedings in the State of: california
    My mother is 84 years old has Alzeimers and Parkinsons disease and is in a home. Her only income is social security and she is barely making ends meet. She does not own property or a car. she has a checking account jointly with me. Her social security check is directly deposited in that account, can they touch it since my name is also on it with her.??? she has been trying in good faith to pay $50 each month on this card and has not used it for almost a year. she honestly does not even remember that she charged that much on it, she is not altogether there. They finally stopped accepting the amount she was paying as the minimum was much higher. They have now turned this over to a financial agency. Even if they sued her, she could not even make a court appearance. Help
    I have an 87 year old mom with Alzheimers so I understand what you are saying. If she is as sick and disabled as you said, and you anticipate something such as a lawsuit, then I suggest you check into being a guardian under some type of conservatorship. I have a brother and sister, we discussed this issue for our mom, but there are downsides doing this due to it's complexity, that everything we do has to be court approved. My brother has a "power of attorney", and for the moment it is sufficient.

    As a guardian, you can go to court for her, whereas with a POA you cannot. My brother has a POA to do banking, but on one occasion, the bank decided to give him a hard time, called our house and insist my mom go there. I was with her, answered the phone, and told them that even though it's 3 blocks away, we have to arrange an ambulance, and it'll be a half day project, and when she gets there, she won' have any idea what they are talking about, and then I said "what do you want with her". The bank explained that my brother needed statements going back two years handling my dad's estate, and they want my mom's OK because she is also on the account. I explained she needs an interpreter, and even when she was sane, she'll have no idea what a statement is because she never handled anything. The bank said maybe I can interpret, and I told them I have no idea what to call a "statement in Chinese".

    Finally, the bank ask to put her on, and want to ask her something. Then I got back on the phone and the bank said they asked her what her birthday is. this I translated, but she said she don't remember what it is. Well the bank gave up, and gave my brother the statements. What I'm pointing out here is if my brother is a "guardian", then there is no question he can get the statements.

    Oh, with the $50/week, they cannot take anything from that account if all the money in it ALL came from social security, under Federal law. I also suggest that you just be a POA on the account rather than being a joint holder, which is what my brother and wife does with our parents accounts, as there would be complications. And if the collection agency has a problem with the $50/month, frankly, if it was me, I would write them a letter explaining "too bad, in that case we'll stop paying the $50/month". However, they are free to garnish other assets if she has any, but if she doesn't, then they are out of luck.

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