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Old 06-23-2009, 01:58 AM
 
Location: Conejo Valley, CA
12,265 posts, read 10,022,101 times
Reputation: 4016
Quote:
Originally Posted by iluvcj View Post
It doesnt matter like I said she will never be able to pay it off. She helps feed people from the shelter that come to sunday services and they give her what they call a "love offering" which is donated from members of the church.
Only because she does not make the sacrifices required to actually pay it off. In her case, it would be getting a part-time job. Obviously, if she is able to work for the church, she could work part-time else where.

But this is separate from the purely legal question. Legally, she can most likely get out of paying all or most of the debt. Does not make it right though.
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Old 06-23-2009, 02:02 AM
 
Location: bay area
241 posts, read 501,563 times
Reputation: 117
She has tried to get jobs but its hard for her to get one when they find out about her health history and prior surgeries. She would love to get a part time job but getting someone to hire her is another story especially in this economy.
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Old 06-23-2009, 08:38 AM
 
Location: Banana Republic, LA
365 posts, read 599,513 times
Reputation: 263
Quote:
Originally Posted by iluvcj View Post
She has tried to get jobs but its hard for her to get one when they find out about her health history and prior surgeries. She would love to get a part time job but getting someone to hire her is another story especially in this economy.
Try a small retail business such as a children's clothing or shoe store. They love to have "grandmothers" work there. My father has a children's shoe store and his main employee is early 80's. There is also a publicly-funded agency that specialize in placing seniors in jobs; I can't remember what it's called though. Good luck to you both, maybe when you finish school you can help her out more. It's tough right now, and we are going to face massive inflation in a couple years IMO.
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Old 06-27-2009, 07:53 AM
 
Location: Baltimore, MD
2,170 posts, read 1,475,878 times
Reputation: 3144
You have received some good and not so good advice. If I understand this correctly, your mother is almost 70 years old, indigent and disabled. She is "working" one afternoon a week in a "sheltered environment." She lives in a rent controlled apartment. Her bills include the costs of basic living expenses.

If she is receiving SSI/SSDIB, she is, by definition, unable to perform "substantial gainful activity." Her income is exempt from garnishment - but, she needs to protect it. Some creditors will attach an account even when they have been advised that it contains exempt funds. Thus, if Mother is receiving direct depost of SSI/SSDIB, she should consider asking Soc. Sec. to stop the direct deposit and send checks to her residence.

She needs to know that if she begins working part time and receives a minimum amount of pay, she could lose her benefits. At this point, it is unrealistic to assume she can obtain AND keep a part time job. For G*d's sake, even without the lousy economy, she would be hard pressed to obtain and keep employment. Helping in a "soup kitchen" a couple hours a week, is not exactly working. Will she get fired if her disability prevents her from working one day? I don't think so.

It is very common for disabled folks to wait YEARS to obtain SSI/SSDIB. They are unable to work and have no choice but to use their credit cards to obtain the necessities. That's life.

She needs to seek professional advice. She cannot pay off these cards. Period. Thus, two questions remain. Should she advise the companies that she is judgment proof (AFTER she stops direct depost) or declare bankruptcy? If she is using the cards for current expenses, how is she going to survive without them? That's about it. No moral issues, etc. I'm not sure about what legal services are available in CA, but she needs to contact a legal aid type agency that assists the disabled and/or elderly. The "street lawyers" can help her obtain any public benefits that she may be unaware of and advise her as to her best course of action.

Rant ON - I agree that $250 is not much for a vacation. However, it is a significant amount relative to helping Mom pay for her daily living expenses. I don't buy the "I deserve it" stuff. I HATE it when people say "I deserve it" to justify whatever the heck it is they want. BTW, I also HATE "I work hard" to justify one's accumulation of wealth. What, minimal wage earners, i.e., grave diggers, home care aids, etc. don't work hard? Rant OFF.
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Old 06-27-2009, 09:45 AM
 
304 posts, read 542,899 times
Reputation: 142
My advice - cut up the credit, eat, pay the house - the utilities and clothing. Don't answer the phone. Put a sound budget together with the necessities at the top. Your college is not her necessity! After that's done, if a car payment or a too expensive house are eating up the money - get rid of them.

When that's in order and she has a clue on what she can live on within her means - this means not borrowing...then she'll be able to breath and be in a better position of negotiation. I would tell the creditor that is not willing to work with her that they will be put on the bottom of the list to pay back and have a nice day.
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Old 06-27-2009, 08:42 PM
 
Location: bay area
241 posts, read 501,563 times
Reputation: 117
Quote:
Originally Posted by lenora View Post
You have received some good and not so good advice. If I understand this correctly, your mother is almost 70 years old, indigent and disabled. She is "working" one afternoon a week in a "sheltered environment." She lives in a rent controlled apartment. Her bills include the costs of basic living expenses.

If she is receiving SSI/SSDIB, she is, by definition, unable to perform "substantial gainful activity." Her income is exempt from garnishment - but, she needs to protect it. Some creditors will attach an account even when they have been advised that it contains exempt funds. Thus, if Mother is receiving direct depost of SSI/SSDIB, she should consider asking Soc. Sec. to stop the direct deposit and send checks to her residence.

She needs to know that if she begins working part time and receives a minimum amount of pay, she could lose her benefits. At this point, it is unrealistic to assume she can obtain AND keep a part time job. For G*d's sake, even without the lousy economy, she would be hard pressed to obtain and keep employment. Helping in a "soup kitchen" a couple hours a week, is not exactly working. Will she get fired if her disability prevents her from working one day? I don't think so.

It is very common for disabled folks to wait YEARS to obtain SSI/SSDIB. They are unable to work and have no choice but to use their credit cards to obtain the necessities. That's life.

She needs to seek professional advice. She cannot pay off these cards. Period. Thus, two questions remain. Should she advise the companies that she is judgment proof (AFTER she stops direct depost) or declare bankruptcy? If she is using the cards for current expenses, how is she going to survive without them? That's about it. No moral issues, etc. I'm not sure about what legal services are available in CA, but she needs to contact a legal aid type agency that assists the disabled and/or elderly. The "street lawyers" can help her obtain any public benefits that she may be unaware of and advise her as to her best course of action.

Rant ON - I agree that $250 is not much for a vacation. However, it is a significant amount relative to helping Mom pay for her daily living expenses. I don't buy the "I deserve it" stuff. I HATE it when people say "I deserve it" to justify whatever the heck it is they want. BTW, I also HATE "I work hard" to justify one's accumulation of wealth. What, minimal wage earners, i.e., grave diggers, home care aids, etc. don't work hard? Rant OFF.
Like I said I deserve it, and I work hard
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Old 06-27-2009, 08:43 PM
 
Location: bay area
241 posts, read 501,563 times
Reputation: 117
thanks to those with good advise but I am done with this thread
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