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  1. #1
    Join Date
    Jan 2013
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    5

    Default Hospice Resident Served With a Collection Lawsuit

    My question involves collection proceedings in the State of: New York
    My mother is in Hospice care & physically and mentally doing very poorly. This past Friday a company representing the nursing home she came from served her papers for a dept of $24,000 and change. My question is does the person being served "my mother" have to be healthy physically and mentally in order to be served ? My mother new nothing of being served and I was told by the front desk. Thanks in advance !!

  2. #2
    Join Date
    Dec 2008
    Location
    Calif
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    289

    Default Re: Hospice Resident Served With a Collection Lawsuit

    Depends on what the debt is for. Look at any exempt and non exempt property/ assets/ income she has. She may be collection proof. They cannot touch her Social Security, disability income, pension or IRA. Do not mix any of these incomes with any other money she may have. Do a search for being collection proof/ judgement proof in NY.

  3. #3
    Join Date
    Jan 2013
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    5

    Default Re: Hospice Resident Served With a Collection Lawsuit

    johnb123,
    Thank you for your reply. The dept is for nursing home care & she does own a condo which 1/2 of the condo is in my sisters name. All of her income "SSI & Pension" goes directly to hospice care and my mother is on medicaid. Since she does have an asset I don't believe she is "collection proof/ judgement proof in NY" but I could be wrong. My concern is that my mother barely knows who I am so how could she accept these papers. Thanks again for your help !

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

    Default Re: Hospice Resident Served With a Collection Lawsuit

    Check for "homestead exemption" for NY. Her condo may be exempt. If she is covered, only her half of the condo can have a lien on it, but check with the laws of NY.

  5. #5
    Join Date
    Jan 2013
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    5

    Default Re: Hospice Resident Served With a Collection Lawsuit

    johnb123,
    Thanks again !!

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Re: Hospice Resident Served With a Collection Lawsuit

    Quote Quoting pjm321
    View Post
    My question is does the person being served "my mother" have to be healthy physically and mentally in order to be served ?
    No, she does not. She does, however, need to be mentally competent to defend herself against a lawsuit without the assistance of a guardian or guardian ad litem (a guardian appointed for the purpose of the litigation). If she has a guardian, her guardian should be taking appropriate steps to defend her against the lawsuit, including filing a timely answer and affirmative defenses so as to prevent default and waiving any defenses.
    Quote Quoting pjm321
    View Post
    Since she does have an asset I don't believe she is "collection proof/ judgement proof in NY" but I could be wrong.
    I suspect that they are trying to get a judgment now with the intention of attaching assets and trying to get priority over most other creditors when your mother passes away, assuming anything is left of the estate after the payment of the Medicaid lien and other priority expenses.

  7. #7
    Join Date
    Jan 2013
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    5

    Default Re: Hospice Resident Served With a Collection Lawsuit

    Mr. Knowitall,
    Thank you for your help !!

  8. #8
    Join Date
    Jun 2008
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    273

    Default Re: Hospice Resident Served With a Collection Lawsuit

    Does she owe the money? If so, why should she not pay it?

  9. #9
    Join Date
    Jan 2013
    Posts
    5

    Default Re: Hospice Resident Served With a Collection Lawsuit

    She does own the money and her estate will pay when she passes.

  10. #10
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Hospice Resident Served With a Collection Lawsuit

    It is generally considered wise to serve people who are alive. The dead tend to ignore court dates.

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