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help for mom-in-law

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PostPosted: Fri Nov 30, 2007 4:45 pm Subject: help for mom-in-law

hi everyone been a while since I have been here - 2 years ago, my mom-in-law was advised by an attorney to stop paying her cc debt (over $75,000) we had NO idea it was this bad. He said this because she is on ss income only. So she has been avoiding ca since. Yesterday she got a summons for court date next week. I have contacted our atty - we meet him tues, but just wanted any advice for her. It is from Atlantic Credit FI for about $10,700.
When I looked at the court website, earlier this year, apparently she was summoned by GE Money bank, and it says case dismissed without prejudice, so I am guessing they dropeed that one - we new nothing of this one. So - just looking for help/ideas. PS her house is in hers,mine & hubby's name - and we are putting it in a trust to secure it even more.

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PostPosted: Fri Nov 30, 2007 9:57 pm Subject:

They can not garnish her SSI check but they can go after her assets or freeze bank accounts. If there are no assets, or she is signing them over, then they could go after what estate is left when a judgement when she pass's on.
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PostPosted: Fri Nov 30, 2007 11:57 pm Subject:

The GE Money case means they filed summons and complaint, most likely saw the situation so they decided to discontinue it until further notice.

In some states, by association with you and your husband on the deed, they could merely hang around on the sidelines, wait till she passes, then sue you (check your states' statutes regarding this). Otherwise, you could place the house in a trust, but there is a caveat here; the debt collector will wait around until 2100 to collect their money. So, no matter what, you're gonna end up owing the piper. Don't be surprised if a lien is judged against the house/trust.

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PostPosted: Sat Dec 01, 2007 6:51 am Subject:

I guess it would kinda depend on the original posters state probate laws.
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