Q: My husband is in an assisted living facility and received a writ of summons for a credit card debt, what's next?
He only has Social Security payments and a very small pension. The SS payments are eaten up by the cost of the Assisted Living facility. The pension is below $150. The credit card debt occurred when he suffered a series of strokes and seizures which has necessitated him living at the assisted living home. I can barely cover the copays on his plethora of medications he requires on my salary, so what do I do?
A:
Do not agree to pay any of it. He is "judgment proof." He may want to file a general denial asking for proof he owed the debt. There may be defenses depending on how old the debt is.
Contact your loal legal aid/legal services organization.
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