my 85 year old father

Hi patti,

Welcome to the Community.

If it's the mortgage you are talking about, they could repossess the house if you default.

As long as the credit cards are not in your name, they can't sue you. As far as your father, due to his situation he will have the advantage in court. It depends on the balances, tho.

Maybe you should try debt settlement.

How much debt and with whom?

chrys

Social Security is exempt income and CANNOT be taken. If a debt collector asks you tell them NO!!! If they sue him and win in court and ask him to pay out of his SS income, tell them NO!!!

If any money is in a bank account in his name, tell them it is from SS and is exempt income, they can't touch it by law.

The only thing they can do is if he has a car in his name that is worth more than your state exemptions, they can take that. For a house they can put a lien on it. If you ever try to sell it, they are the first ones in line to get what is owed then the rest goes down the line, ex what is owed to the bank,etc...whatever is left over as a profit is his to keep.

Now that I covered that, if they are calling asking for payments, get their mailing address. Tell them over the phone and in writing that his is elderly, and cannot take care of himself. His income derives from Social Security and is exempt from garnishment. If he has no assets or if his assets are exempt, tell them that too. Also tell them that he is "Judgment Proof" or "Execution Proof" This is telling them that he never plans on returning to work, he has no income or assets and suing him would just be a waste of money. You can word it your own way but these are some solid ways to get the point across.

Hope this helps.

What state do you live in?