spouse in nursing home credit card debit cannot be paid

by florence
(brooklyn ny)

my husband is in a nursing home and being sued for old credit card debit he cannnot appear in court and has no available funds on social security disability what can we do

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Jul 30, 2012
 spouse in nursing home credit card debit cannot be paid
by: Debtcollectionanswers.com

You have three options:

1. contact the court clerk to find out what to do given that your husband is in a nursing home and so he cannot show up for the hearing related to the debt. If he does not appear, the judge will give the credit card company a default judgment against your husband.

2. Speak to a consumer law attorney in your area or to Legal Aid if your husband's income is low enough to qualify for that service.

3. If you have financial power of attorney for your husband, you can show up in court on his behalf.

You should know however, that even if the credit card company wins a judgment against your husband, based on what you have told me, the company will not be able to collect on the judgment given that your husband has no assets and his only income is Social Security Disability, which the creditor cannot take.
May 30, 2014
 On disability can a credit card company put a lien on my home?
by: Anonymous

I am on disability. Can a credit card company put a on my home for debt I can no longer paid?

Reply from DebtcollectionAnswers.com

Regardless of your source of income, a credit card is an unsecured debt and a creditor generally can't go after assets like your home without first taking you to court and getting a judgment. Nevertheless, it sounds like you are having trouble paying a credit card debt and it's probably very stressful. Have you considered talking with a consumer law attorney?

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