Should we fight the courts to get a chapter 7 because of my SS?

[shark66]

Thank you for your reply and understanding of the situation but cant they try to go after the equity in the house if we don't file bk in response to a law suit?

No. You can't lose your house to an unsecured debt, generally speaking.

A judgment lien can be put on the house, yes, but it remains junior to any mortgage(s). That part comes into play only when one tries to sell or refinance the house while the lien is still on it.

Good luck.

[mom2crazies]

It depends on your state. If it is unsecured debt, I do not think they can because your house wasn't used as collateral. Also, I think it would depend on the balance if they would be able to get a judgment on that. It also depends on how the house was purchased, etc.

I would make friends with google. You can find alot out about your state as far as statute of limitations, as well as the credit laws (usually if you go onto your state governments site and look up the codes). I would also speak with an attorney. One should be willing to give you an idea of what they can do over the phone.

Has your mother already filed? If not, I would call and try to make arrangements with the CC companies (ALWAYS get it in writing before you agree to any arrangment). Do NOT give them any of your bank information because they WILL draft out of that account. If she has filed, her attorney should be able to answer all of these questions - and if he or she can't, get a new one.

From what I've read (and I am definitely not an expert) CC companies rarely do more than try to get a judgment for wages and since they can't do that because of your SS, they will probably leave you alone. Especially, if it's not a super high balance and it's just consumer debt.

If it were a loan, you would be in more trouble.