Not paying credit cards. What will happen?

[michaelrj9]

Hi all,

Thanks for looking. Don't know if this matters but She lives in Illinois

Like many of us My mom does not work (in her sixties, bad health not able to work). My mom and dad are married but this is only about my mom right now. They own a house together that is in trust that they are trying to sell. The way it is looking they are not going to get anything out of the house (maybe 20k or something. They do not have any savings, no pension big enough to afford a house etc. (In bad trouble)


If my mom stops paying her credit cards (only in her name) what can they do? If she does not work what can they do? Can they put a lean or anything on the house that is in trust? She does not care about her credit at this point but want's to know legally what can they do if she does not work the rest of her life.

Am I missing any thing else?

Thanks everyone

[AngelinaCat]

She can stop paying the cards, and I think she really should. Is she looking to file BK? If so, the the general 'maxim' is save the money from paying the CCs--good money after bad--to get a BK attorney.

If she decides to stop paying the CCs, then do as my MIL did and write each CC company with an 'I'm sorry, but after XX years of perfect credit and always on time payments, I can no longer..." you get the idea, letter. That won't make them go away; that just notifies them of her good, but now impossible intent. [It is actually more for her peace of mind.]

The CCs will file lawsuits after the harassing phone calls, etc. You and she have to decide if you want to deal with all of this.

But after that, your Mom is basically "Collection Proof", in that any judgment(s) that any creditor(s) should get, cannot be collected upon from what you described in your post.

[frogger]

And make sure that they are prepared for the massive volume of phone calls that will be coming their way.

[CompTweaker]

Just saying that it worked wonders for me, but I changed my phone number and was very careful to who I gave it to....no worries on my end about anyone trying to contact anyone else near me and to this day, 4 years later, no phone ringing all the time (granted I only answer those whose ID/Phone# I recognize).

[Penny Less]

homer it sounds like her mom is basically done. You get old, you can't pay, that's what happens.

Anyway changing my number worked wonders for me.

If she doesn't want to change her number (eg too much like hiding) I'd suggest hunting around the forum for form letters that basically tells the companies not to contact her anymore and do it asap. I wouldn't admit to owing the debt in any of the letters but that's just me.

Protecting her from the horrible phone calls is the #1 priority I think - especially if her health is bad.

[JimKutkowski]

Just saying that it worked wonders for me, but I changed my phone number and was very careful to who I gave it to....no worries on my end about anyone trying to contact anyone else near me and to this day, 4 years later, no phone ringing all the time (granted I only answer those whose ID/Phone# I recognize).

Send a drop-dead letter and if they call you they have violated the FDCPA and you can nail them.

If her intent is to file BK, that is what she should do.

[OhioFiler]

Send a drop-dead letter and if they call you they have violated the FDCPA and you can nail them.

If her intent is to file BK, that is what she should do.

How can an original creditor be held in violation of the FDCPA? I thought FDCPA was written to protect consumers from collection agencies.

[JimKutkowski]

How can an original creditor be held in violation of the FDCPA? I thought FDCPA was written to protect consumers from collection agencies.

The do-not communicate letter has been held enforceable on first party collectors as well.