My mom is permantly disabled but never qualified for social security, she lives off my dad social security. they live in an rv as they have little to no income. My dad has a bank account (my mom is not on it) can my moms creditors seize his bank account (1 student loan and various credit cards etc..)
No, creditors should not seize the account. Although when you marry someone you assume their debt, you mom is not on the acocunt. These laws vary from state to state though. The account that your father uses would contain your Dad's social security income which is considered public assistance (governmant money) it is illegal to touch that money. If this becomes a problem then your family may have ground for a lawsuit. If you are interested in protecting your family's financial and legal identity, I have some thing that may help assist with any legal questions or situations in the future. Please go to my website @ www.prepaidlegal.com/hub/kvmclish to see a presentation or call 1-800-394-6919 listen and let me know what you think. I would love your feed back! Please e-mail me back @ k_mclish@yahoo.com and I will be glad to answer any questions you may have. At that point, if you are open to it, we may exchange numbers. Hope this helps!!!
~Karen
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December 20, 2008 at 11:27 pm
If his name is some how tied to the account yes, if his name is not on the account NO they can't. I would assume it is because they knew the account number if you see what I mean
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December 20, 2008 at 11:43 pm
If the debts were incurred prior to their marriage, it should be OK. If the debts were made after the marriage (and you live in a community property state) then the debts belong to your dad too.
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December 21, 2008 at 12:14 am
The creditors will have to go before a judge in order to seize any assets that your parents have. He will look at their whole situation. When your parents are served with the papers from court they need to go to court. If they cannot afford an attorney they still need to go. They will have to bring all their records so that the judge will know just how much income they have and what the value of any assets are. Creditors cannot just seize anything unless it is what is securing the debt, like a car loan when if the payments aren't made they can seize the car. I would think most judges would be compassionate. If possible you could go to court with your parents and be sure to help them with the documents that they take with them. I hope this helps.
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December 21, 2008 at 12:42 am
The would have to obtain a judgement against your father in order to seize an account that is in his name only.
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December 21, 2008 at 12:53 am
No, creditors should not seize the account. Although when you marry someone you assume their debt, you mom is not on the acocunt. These laws vary from state to state though. The account that your father uses would contain your Dad's social security income which is considered public assistance (governmant money) it is illegal to touch that money. If this becomes a problem then your family may have ground for a lawsuit. If you are interested in protecting your family's financial and legal identity, I have some thing that may help assist with any legal questions or situations in the future. Please go to my website @ http://www.prepaidlegal.com/hub/kvmclish to see a presentation or call 1-800-394-6919 listen and let me know what you think. I would love your feed back! Please e-mail me back @ k_mclish@yahoo.com and I will be glad to answer any questions you may have. At that point, if you are open to it, we may exchange numbers. Hope this helps!!!
~Karen
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