CA Collection & Exemption Laws

[sueinca]

What is the name of your state? Calfiornia

Several years ago my dad put my brother as an authorized user on 3 of his credit cards. My dad never used these cards and the balances belonged to my brother. In the past year, my brother has not made any payments and one of the credit cards is now suing my dad for an approx balance of $15,000. My dad is a ill senior citizen, with very few assets. In July of this year, his house was transferred to his childrens names. He does have a few stocks that amount to less than $5000. He owns an 1988 Chevy Pick Up and a very old boat. He is dependent upon Social Security for his income.

It has been suggested that if the collection agency wins a judgment, that my dad could lose his truck, his boat, anything that he may have in his safety deposit box and even though Social Security is not garnishable, once it goes into his checking account, it can be taken.

I need to know what, if anything, can be taken from my dad and what is exempt. Also, since my dad never used these credit cards, is there any way to transfer the debt to my brother?

Thank you!

 

[JETX]

Last question first:
"Also, since my dad never used these credit cards, is there any way to transfer the debt to my brother?"
*** No. Your father made the conscious decision (presumably) to allow you brother to 'rape and pillage' his credit and to let him do so with no repercussions or responsibility.

"I need to know what, if anything, can be taken from my dad and what is exempt."
*** If the creditors get judgments against your father, they can seize any non-exempt assets that he may have. For a list of judgment exempt property in your state, go to:
http://www.toolkit.cch.com/pops/P98_12_assettables_CA.asp

 

[DrewfromCA]

While you are at it.......

kick your brother in the A$$ for doing this to your father....