debt from a credit card

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debt from a credit card

mother and father had debt father died had to sell house mother moved in with me and is on disabilty has nothing now judgement is made on her for 5000 and the lawyer asked me to help her pay we cant husband on unemployment now and she has nothing they said that they will go with the judgement and asked me again if we can help her pay this, i told him no, what can i do?

Asked on May 20, 2009 under Bankruptcy Law, New Jersey

Answers:

LAR, Member CA State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I will assume that the proceeds from the sale of the house went to paying off a mortgage and/or other debts and there is no cash from this sale available to pay this debt.

Is there a lawsuit pending at this point or does the attorney already have a judgment against your parents?  If it is still in litigation, answer the lawsuit and don't ignore the courts. 

If there is already a judgment, you are not responsible for it and the attorney should not be pushing you to pay it.  Your mother's disability is exempt from levy.  Assuming she owns no other real estate, the negative impact will be on her credit report and that assumes she is concerned about her credit rating.  You might want to offer to settle the total amount of the debt with the attorney's office.  Your mother may be able to show compelling circumstances that the attorney can take to the client for consideration.  Your mother can offer to make minimal payments per month, even as low as $25 if she can.  The important thing to remember is that the attorney should not be putting you in a position where you are being made to feel you owe the debt and it is your responsibility.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not sure what your mother's creditor will be able to do with their judgment, because the last time I looked, they can't attach her disability payments.  You and your husband don't become liable for your mother's debt just because you've taken her in.

You need to talk to a lawyer -- not your mother's lawyer, one of your own.  There are more facts than you were able to fit into this question, that might be important, and the only way to get advice you can rely on is if it's based on all the information.  One place you can look for qualified attorneys near you is our website, http://attorneypages.com


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