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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 09-16-2005, 12:37 PM
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Join Date: Jun 2005
Posts: 21

stroke patient,1 cc debt, BK & social security


What is the name of your state? TX.
A friend has ask me to find out if he needs to file on 1 credit card t. Altho I don't know where he'd get the fees. This debt was about $1,000 when he had a stroke (he has not use the card since he had the stroke) now it's about $4,000 with all the interest & late charges. He has been told he doesn't need to file bankruptsy on 1 debt. but they keep hounding him. Asking him doesn't he have relatives or friends that could help him. He tells them that his relatives help him with food & utilities. But they call almost everyday.
Can a credit card company seize the bank account of a stroke patient (fairly severe),his SS check is direct deposited. He draws about 1500 a month, his medical expenses are well over $1000.00 a month. This man was 60 when he had the stroke & he has worked all his life. Now he can't even afford most of his medication.
Thanks,
  #2  
Old 09-16-2005, 12:45 PM
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Join Date: May 2001
Posts: 6,451
SS is exempt from creditor seizure.
When did he last pay the orginal creditor? THe staute of limitations may be approaching.
He needs to send the collection agency a letter stating that he wants all further communication in writing-no more phone calls. Send the letter CRRR.
If he gets sued, he needs to show up in court with a statement that is income is exempt from garnishment or levy.
  #3  
Old 09-16-2005, 12:50 PM
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Join Date: Jun 2005
Posts: 21
Thank you,
I think the last payment he made was in Oct. of 2003. Had the stroke in Nov.
I didn't know there was a statue of limitations. And I think it is a collection agency. I will get the letter out for him. Thanks again, I know he'll rest eaiser knowing they can't take his ss.
  #4  
Old 09-16-2005, 12:53 PM
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Join Date: May 2001
Posts: 6,451
Tx. has a 4 year SOL so keep that in mind as time marches on.
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