Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 12-22-2004, 01:30 PM
Junior Member
 
Join Date: Dec 2004
Location: orange county california
Posts: 2

credit card settlement for dad


I have a delimma to resolve!! I live in the state of CA. I have recently started taking care of my fathers finances (about 11 mo.s ago). He has just gone through a divorce at the age of 72(his wife of 9 years got $65000 and $500 mo. for 2yrs). I have tried to keep his credit card bills current and have closed his two credit cards, one is 19200 and the other is 5700. He has recently had to refinance his house to pay-off the ex. I would like to offer a settlement to these two credit card companies but I dont know if they will do it. They have been late in the past but are current now. I am struggeling to pay these every month!! Will they take a settlement if they are not behind?? Every post I see is always after they go to collection. Wouldnt they be better off to take a 60-70% settlement than to let it go deliquent?? I dont know how much longer I can keep these current. His health is failing and I am haveing to consider an assisted living situation which is going to cost considerably more than he is paying now. I am at a loss! PLEASE HELP!!!

Sharon
  #2  
Old 12-22-2004, 01:36 PM
Member
 
Join Date: May 2004
Posts: 633
It couldn't hurt to try. Just make sure you do everything in writing.
  #3  
Old 12-22-2004, 03:15 PM
Senior Member
 
Join Date: May 2001
Posts: 6,455
Given his age and health condition, you maight want to see a lawyer about the totality of his situation. A bk might be better solution than, a settlement.
  #4  
Old 12-22-2004, 05:56 PM
Member
 
Join Date: Nov 2004
Posts: 51

Yes, everything in writing.


I would hesitate in even mentioning bankrupcty with an UNSECURED credit card without first consulting an attorney steeped in this area. Offering a settlement from a current position does not sit well with these financial institutions(they'll want to know where the money is coming from) and working settlement from a default position is not much better, but the damage to you dad's credit may not a compelling issue due to his situation. There are aggressive ways to dispute these credit card banks under federal law, but you must have the stamina to see that through. I would not pay the credit card bank one dime if the reserves had to support my health and well being. If the balances are under 25k and they are personal accts and unsecured there is a remedy under federal truth and lending, but as I said you must take the time to learn and see it through which could take months. Spend time evaluating.
  #5  
Old 12-23-2004, 03:49 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
I agree with Bigun, BK might be the best way to free him of the mess, espeically if his health is failing, the last thing he needs (or you as caretaker) is that kind of stress.

I would certainly consult with a BK attorney as long as your father is still competent to file.

If he doesn't want to do that, then just quit paying the damn credit cards and take care of your Dad. His care is FAR more important and if assisted living means he has no assets that can be taken, then there's probably small risk in just letting the cards go. YOU are NOT liable for his debts so they cannot go after you, and, as already mentioned, his credit is of little concern.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:19 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.