Hi my mother is being sued my Wellsfargo credit card. They claim she owes $5,7000. My mom in the last few years have been declining from Alzheimer. Us sisters are trying to help mom with everything. She's not capable to do anything on her own and now living with my sister. My mother has no money besides receiving social security money every month and has no property in her name. What can we do and what can they garnish from her? Please help we are so stressed Thank you.
If your mother's only source of income is Social Security, then she has nothing to worry about, because Social Security benefits are 100% protected from creditors. If your mother's Social Security benefits are the only funds being deposited into a bank account, then the benefits will be protected while in the bank account too.
So let Wells Fargo Bank get a judgment against her, because they won't be able to collect any money from her.
The information contained in my answer is provided for informational purposes only, and should not be construed as legal advice.
You should contact the law firm and let them know that your mother is ill and did not have the capacity to enter into the contract. Also, you can get them the SS information so they know there isn't anyway to collect on a judgment. Before you send anything make sure you have a lawyer look at it. The problem with doing nothing is that they can collect on the judgment by attaching your mother's bank account. You will have to prove that the funds in the account are exempt from collection. If you can get in front of it and keep the creditor from doing that you will save a potential headache later.
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