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  1. #1
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Chapter 7 Bankruptcy After Default on Credit Cards

    My question involves bankruptcy in the state of: Calif. Years ago my mother defaulted on her credit cards. She lives on Social Security and a pension. For a few years she was harassed by collection agencies and got letters (I answered all the letters asking for proof of the debt, they never responded again). On the calls I just told them, take her to court, get your judgment, she has nothing you can take. The calls stopped soon after. At what point will creditors give up? Is there an age where they won't bother you anymore? She was advised by senior legal aid to just stop paying her cards. She was 79 when this all happened, she's now 87. Haven't heard anything in years from collection agencies. If you are of a certain age, will they just give up? I'm asking this after reading online how collectors can go after you for 10 years. Are there circumstances where they will give up?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: My Mother Defaulted on Her Credit Cards

    When you die, they go after the estate, not the person.

  3. #3
    Join Date
    Sep 2012
    Posts
    101

    Default Re: My Mother Defaulted on Her Credit Cards

    Based on the above facts, it is very likely that they have given up already. In many cases, there is a seven year limit as to the time that they can bring you to court. As time progresses, it seems obvious that they wouldn't go after you due to costs and general legal issues.

    Again, it really depends on state's law statute of limitation. In California, I believe that there is a two years limitation on an oral contract and four years limitation on a written contract. Unfortunately, I can't find an authority to back up the statement.

  4. #4
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Re: My Mother Defaulted on Her Credit Cards

    In California it's 4 years for getting a judgement. If they get the judgement, it's good for 10 years. At what point would you consider a person judgement proof. What would be the limits for a creditor, to say it's not worth it? Is there an age...say 60 or over, unemployed...no assets?

  5. #5
    Join Date
    Sep 2012
    Posts
    101

    Default Re: My Mother Defaulted on Her Credit Cards

    As I understand you correctly, your mom is not a judgment debtor. Moreover, it has been about eight years since your mom defaulted on debt. Since she lives in California, shouldn't her creditor be prevented from seeking a judgment against her?

    I apologize if my answer is incomplete. I am not an expert in this area as well as most areas in this forum. I would like to help you as much as I could and would want to learn this stuff. Hopefully other experience members can help you out with your matter.

    Good luck

  6. #6
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Re: My Mother Defaulted on Her Credit Cards

    It has been over 6 years since she stopped paying. The first few years she got calls and letters. I responded to all of them. Nothing has happened lately, so no one every filed a judgement on her. She was never called to court. I'm wondering where the line is, that creditors will give up and you're safe. Will they not follow someone over 60, unemployed and has no assets? If you're on Social Security will they give up any claim and not bother you?

  7. #7
    Join Date
    Sep 2012
    Posts
    101

    Default Re: My Mother Defaulted on Her Credit Cards

    will they? no one can really tell you. It seems that your mom may has a affirmative defense because the statute of limitation has passed. Moreover, she is 87 years of age and is unemployed with no assets. Given those factors, the probability is very low.

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