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If that is all she has and no assets, send a desist and stop letter to all creditors, and then do nothing. Here's the catch on the credit card tapping into her money. If it is direct deposited into an account they have legal access to garnish that account despite what monies goes into it. But no they cannot garnish the check from social security. My dad was in the same situation and his account was garnished and then we found out the distinction between the bank account and a check distributed. So be careful there. Don't worry about the credit card companies - if no assets you have a strong case for insolubility. Plus there is a statute of limitations for credit card debt in each state which averages 4-7 yrs. Do not pay any credit cards because then that will restart the clock on the debt. You as the adult child are not obligated nor liable to pay her debts. They can't touch you if you are not on any of her credit cards as co-signer. Just be aware if the credit cards submit in a debt of cancellation she may owe at tax time the taxes on that debt cancelled because the IRS considers that income back to her but you can still get out of that by claiming insolubility for her.
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My 49-year-old son is disabled but not demented and on Social Security Disability. He has no assets. He owes considerable back IRS but since he has nothing to pay it back with, the IRS has told him that unless his financial situation should change for the better, he is off the hook. Of course, he feels like it is forever hanging over him, but they are not going to garnish his disability check. It took him a long time to contact the IRS and get this taken care of, but it was worth it. I suggest going that route for your grandmother and relieve that one item, anyway.
I am worried, after reading this thread, about myself. I am 69, unable to work, and living on a very small fixed income, which consists of $999 Social Security (after medicare payment which is supposed to increase significantly in 2014 due to Obamacare!), about $250 (reduced by half for pyament of Medicare supplement) from the state retirement, and an annuity from the federal government for retirement from the Postal Service in the amount of less than $400. I know Social Security if safe from garnishment, but I don't know about the other small government retirement. I don't know how I would get by without what I get now and really worry about the future rising expenses. Good luck with figuring out your grandmother's problems.
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Don't know anything about all this debt stuff but there seems to be some confusion about Medicare and Medicaid.
Medicare is the program provided by the state to cover medical expenses for up to 80% of the cost for the elderly. Premiums are automatically taken from the social security so you never see that money. That is parts A & B. Part D is the drug benefit which has to be paid separately. Medicaid is a program for those living below the poverty line and it pays for any and all medical expenses for that individual. It can be a bit tricky because some providers do not accept Medicaid It is based on household income and depends on the number of family members living under the same roof it is possible for some very low income seniors to qualify for both programs. Your area office on aging usually has volunteers who can help you understand this.
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So I am only on ss and 71. Are u saying with 16000 debt I may have to pay taxes on that amount?
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You are only taxed on what you earn and not on what you owe.
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Someone sent me a question but it disappeared before I could read..it started may I ask u.... So I am guessing why.? I am 71. Have spent most of my life caregiving, raising 4 kids on my own and dropping everything, moving etc. when parents needed help. My dad passed 1980. My mom passed February 22 4 wks from her 101st bday. So now I'new finalized all.... I looked at my finances and said 'oh my God! I have not taken very good care of myself evidently. I am 70 lbs over weight. I need cataract surg both eyes. I broke my upper partial 1 1/2 yrs ago never replaced. I need knee surgery. eyelid surg not for cosmetic purposes. 7 teeth on top ans8 on bottom none meet to chew. I have 1500 just in dental in past year to save what's left. I need 3000 more for an extraction and 2 partials. March I landed in re with a fib probably from stress ang grief.... I am exhausted and have decided to let 13000 of debt sit of 16000. Pray they can't stop me.... I need health, rest and rehab......
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In a nut shell, if a business forgives someone a debt of $10,000 then that $10,000 becomes *income* in the eyes of the IRS, if the business reports it as a bad debt..... even though that $10,000 isn't in your wallet you would still need to pay income tax on that amount.
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So if. Even 15pcent that's still under 2000 yeah gonna go for it. Thanks
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When it comes to bad debt, it's us consumers who are paying for those bad debts with high cost for goods/services. I can understand and sympathize if someone is behind on payment due to unforeseen medical expenses, but those who shop until they drop they created their own worse nightmare.
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freqflyer - in the case of the elderly, it was often not a case of unbridled shopping that got them into a credit mess. It's more often struggling to stay ahead of their ordinary expenses; groceries, prescriptions, etc... Credit card companies prey on people in this situation, offering them 'special' credit cards with crazy high rates and lots of fees. During the era of deregulation, they were able to profit from bad debt so they didn't care it you were able to pay or not. They'd make money from you either way.

Before they extend credit, the credit card company asks you how much money you make and how much debt you have. When an elderly person states that they have $20,000+ in debt and they make less than $20,000 per year, and the company still sends them a credit card. Who's to blame when they can't pay?!

Dementia often is at the root of the poor financial decision making. Sometimes, it's one of the first symptoms and it's often not recognized by family members until it's a real mess. I speak from experience.
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Thank you all for all your comments. I don't think I have a choice, however I have decided not to do a bankruptcy but to send letters as to my not paying. Then after I am all caught up on medical, dental, etc. Maybe they will settle for a lot less in years to come. I want to pay I just can't stretch it anymore and bring myself medical and dental up to date so I am healthy enough to maybe even get a part time job, but that is not available to me right now due to catch up necessary for health......have a nice day.
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Unless the loan is student or income tax no one should be able to do that. Find an elder atty that volunteers advice thru your local senior citizen agency's. Good luck!
Also look into law passed this year I think in May but at only be fla they cannot garnish ss acct.
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Guessing that is why crazy talk show host attorney says: "Do not confirm the debt".
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You should pay for an hour of a lawyer's time before you do anything, but from my personal experience, I'd advise taking away her credit cards, then checking to make sure they are all unsecured (they almost always are) and then, STOP PAYING THEM. If your grandmother has only her SS check as income and very little in the bank, the credit card companies send a lot of threatening mail and make a lot of annoying phone calls – all of which you can ignore – and eventually give up.

The credit card companies have no doubt have taken more in interest than your grandmother charged on them to begin with. That's what I discovered when I found out that my father had run up multiple cards. In fact, once someone has a lot owed on cards, opportunistic companies start offering them even more cards with even higher interest rates and more penalties and fees. It's a racket! They knew her income when they offered the cards. They calculated that they could squeeze more interest out of her than what she'd pay on her purchases.

Bankruptcy costs money. If your grandmother has no real estate to protect, why bother.
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