Legal problem with Discover Card

All about Discover & Diners Club - talk about their credit card deals such as the More, Miles, Escape, and others.
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kolajo
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Legal problem with Discover Card

Postby kolajo » Tue Oct 23, 2012 1:33 pm

My mother is 86 + years old, widowed, in poor health and living with me as my dependent as she has no other family and no assets (doesn't own a house, bank accounts or any personal wealth.) She has only her monthly Social Security payments as income to help her (and me) pay for her healthcare and other living expenses.

She had to borrow some money a few years ago for travel needs since her older sister overseas was dying. She initially made monthly payments on her account, until her other health needs became too much and she couldn't afford to pay Discover Card anymore.

When she stopped paying Discover, they sued her to collect, and she had to make a settlement and promise to make monthly payments on the account.

I stepped in and started paying her dues to Discover Card for now, but I have too much debt of my own to take on this additional load for her. The last three years economy and family health costs have been huge, and my mortgage is also upside down. I was not party to the settlement, so I am not legally responsible for making those payments.

If she (or I) stop making the payments on the settlement, can Discover Card throw her in jail? Or what other action could they really take? She has no property or assets for them to attach, and no income other than Social Security.

Can anyone please advise???
Thank you.


Iroquois
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No one is going to jail from what you've described

Postby Iroquois » Wed Oct 24, 2012 5:16 am

Sorry to hear about your circumstances. While I am not an attorney my sense of the matter from from what you've described is that the card issuer will charge off her credit card account, report it as charged off to the credit bureau and probably sell the account for pennies on the dollar to an outside collection agency.

The implications are that she will have a stained credit bureau, not be able to use that card anymore (which she probably can't already) and that she will get collection calls. You can then advise collectors not to contact you (some will follow the rules and stop and some won't from stories we've all heard).

There aren't debtor prisons in the US unless fraud has been committed. No one is going to put an 80 plus year old sick woman in jail unless she has murdered someone or done something bad that is spectacular.

Good luck.

All, just an opinion.

kolajo
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Postby kolajo » Wed Oct 24, 2012 9:12 am

Thank you for this...

I greatly apprciate your taking the time to reassure me.

MemberSince99
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Postby MemberSince99 » Fri Oct 26, 2012 9:24 am

She has no assets and her only income is social security. Creditors can't touch social security money.

I hate to say it, but in her circumstances, I would stop paying them, let them sue, go to court show that there are no assets and that social security is the only income. She's 86, she'll never work again or have anything, effectively she's legally judgement proof. They can't get a thing out of her (you can't squeeze blood from a turnip).

As Iroquois said, the card is water over the dam. She needs to focus on survival not this card. We can question the morality of it all, but honestly in the end, I would say given your circumstances let it go.

Her credit is irrelevant at this point. Let the vultures call up screaming how they are sending the sheriff to arrest her, record their calls and get a good NACA lawyer and she'll have some wealth.

kolajo
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Postby kolajo » Fri Oct 26, 2012 11:51 am

Dear Sir:

Thank you again. I shall take your advice and run with it. Really, I have no other option as I have my own problems.

Best regards..

Money card
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Postby Money card » Sat Nov 03, 2012 9:44 pm

I Think Irvine would be the best person to help you out. most qualified.

kolajo
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Postby kolajo » Mon Nov 05, 2012 7:35 am

Thank you.

Who is Irvine? I don't see him on this thread.

MemberSince99
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Postby MemberSince99 » Thu Nov 15, 2012 12:41 pm

He works for Discover.

Honestly though, it doesn't really matter. I do not encourage anyone to ditch their debts unless they really have no other choice. I think this is one of those cases. They can't touch her. It's not a good thing to do, but I can understand that in dire circumstances people might have to. This would qualify.

As for the morality of it all, corporate America seems to have no problem with shedding their debts and coming back (look at GM and Chysler) and they have no qualms about taking our tax dollars as well as their creditors money and running with it. I always get a laugh when execs try to lecture people on morality, they are often the last ones who should be preaching. If you can't practice what you preach, don't bother to preach is how I see it.

I think you've thought about it well enough that you know what you need to do. doesn't mean you are proud of it or don't regret it and wish it were otherwise.

kolajo
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Postby kolajo » Thu Nov 15, 2012 1:14 pm

Thank you, again.
I appreciate the advice and your time.



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