In Debt

What is the name of your state? FL

My mother is being taken to court by sears. she pays what she can each month and has been for years. She is in debt really bad. my question is: even if they demand payment she will not be able to pay because she honestly does not have it. can she be arrested? She has offered to pay $50.00 per month and they refused stating that is was an all or nothing agreement. he told her that she needs to pay the entire amount or dont pay anything. What will they do to her if she simply does not have the money? (She broke her vertabre 2 years ago and that is why this is happening) any advice will help.

[HomeGuru]

Originally posted by beatlesfanatik4
What is the name of your state? FL

My mother is being taken to court by sears. she pays what she can each month and has been for years. She is in debt really bad. my question is: even if they demand payment she will not be able to pay because she honestly does not have it. can she be arrested? She has offered to pay $50.00 per month and they refused stating that is was an all or nothing agreement. he told her that she needs to pay the entire amount or dont pay anything. What will they do to her if she simply does not have the money? (She broke her vertabre 2 years ago and that is why this is happening) any advice will help.

**A: they want something like yesterday? Tell her let it be and don't come together. Sears just wants a ticket to ride.

There are no more debtor's prisons in this country. So no, she can not be arrested for not paying.

HOWEVER, if sears wins in court and she refuses to pay according to a court order, then yes, she can be jailed for contempt.

She has offered to pay $50.00 per month and they refused stating that is was an all or nothing agreement.

I hope she has this in writing. If not, have her try again, this time by writing a letter CRRR to the credit department.

It won't relieve her of the debt, even sears has the right to get all of their money, but it may help the judge to see that she is making an effort.

And I sure hope the credit card is in the sewer by now.

What will they do to her if she simply does not have the money? (She broke her vertabre 2 years ago and that is why this is happening)

Sorry, but no one cares what happened to her. The legal facts are she purchased items on credit and has not paid the credit back. So, if sears wins in court and your mother doesn't have the money, then everything she owns that is worth money can be attached (a lien put on it) such as a house.

Sears will probably get a judgement lien once the decision is made in court and interest and costs will begin to mount up.

THANKS for the response. it was helpful.
Guru- that was great. it made my day!

[HomeGuru]

No reply.

[bigun]

You likely should get mom to a bk lawyer. Is she on SS or, disability? If so, those are exempt from garnishment.