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  1. #1

    Default My Mother Is Out Of Control With Her Credit Cards

    This is a complicated issue, so I appologize if it gets lengthy in advance.

    My mother had a steady job, paid her bills until a bit over two years ago. She stopped working to take care of me, she took my two children in as well. I became very ill, vent dependent along with other very serious medical issues, one being CF with all of its complications as well. My husband was unable to "handle" this responsibility and is subsequently out of the picture with the exception of court ordered child support. The only income we bring in is disablility related, SSDI and social security for the kids along with child support to meet our needs. My mother lives in a house that is co owned by 3 other siblings, this was willed by my grandmother who sadly is deceased. My mom lives in this house, we pay for the taxes and major repairs. If she decides to sell it, then the proceeds are divided 4 ways.

    She is unable to substantially work right now as I require 24 hour supervision for obvious reasons. What we make just pays the bills. She has no banking account, I have an account and all of the bills are paid from that. Her assets are a van that is handicapped rigged to get me to appointments and a portion of the house is hers as well. Other than that, there isn't much that she owns. She is 59 years old. This was a tremendous sacrifice on her part to do this for me and my children, I feel awful that I can't help her more....

    This is her story....she has two credit cards, I am not sure of the total. Credit collectors call at least twice a week, sometimes more. Some are sympathetic to her situation, but there are those who I believe (from what she has told me) who have definitely violated the Fair Debt Collections Practice Act by falsey saying that they have a judgement against her and can put a lein on her part of the house. Now, we have had the same PO box and address since my mother was a child! No papers have arrived saying that she has been summoned, no sheriff ,no-one. I told her that they should not even have threatened her and asked if she remembered that individual's name...she could not, she was too upset. One collector even told her she should be ashamed of living off of my SSDI!!! The nerve, the poor woman helps take care of me, I wish I could have heard them say that. At this point, one of the collectors is offering a settlement of about half, I think $4000. I told her that they can go much lower, like they did with me when I couldn't work. I had a great job but became very ill and got SSDI. They knew that I was aware that they couldn't touch my SSDI and settled for something like 8% of the balance! But the constant calling....

    Does anyone have any advice as to what my mother can do? Also, if they do get a judgement against her, can they put a lein on her share of the house? What are the statutes of limitations for both creditcard debts and judgements? This is stressing her out and any thoughts would be greatly appreciated. We live in NY, she hasn't paid them a dime for over 2 years.

    Thanks...

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: My mom has issues with credit cards....

    Has your mother talked to a bankruptcy lawyer?

  3. #3

    Default Re: My mom has issues with credit cards

    No, mom has not....I have a good lawyer friend I am going to consult regarding what options she may have (besides see what all of your thoughts are too). If she were to file, what would become of her share of the house? I understand that the other debts (with the exception of student loans or other gov't related debts) will be written off, but I don't know about her part in my grandmother's estate. Again, we live in NY....Thanks again!

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