I’m 68 . Disabled on SS and Pension. I called this service and they eased my mind. Good people.Bank America has written off my debt to a collection agency ,and my credit score has gone up!
@Paul Grimm Written off, or charge off? Two different things. You're score will go up a little after the charge off, if it was a charge off, then after it's sent to collections, the score goes down a lot! It just take time for it to drop, at least that's my experience
I am a senior. I am being sued for credit card debt. They filed a law suit already and refused to work with me period! The debt collector told me they will agree to accept my ss check and I spoke with an attorney in my state that told me to not worry.
Thank you very much for this information and HELPS non-profitlaw firm! I wish I had known earlier. My mom lost are family home. HELPS law firm is listed with BBB. They have a five star rating and a BBB rating of A+.
Thank you so much for having this channel available to seniors. I'm a senior, living in senior park. I will be able to share this information to anyone who needs or wants it. At a time in life when so many of us are alone, poor and often battling chronic illnesses, it is difficult to defend yourself from the hungry dragons out their who want to chew you up and spit you out. (OK, I'm n artist nd cartoonist with an over-active imagination. I can at least entertain myself.) I wish more seniors would gravitate to this channel and get some security.
Jeff and Eric two very compassionate caring people. Thank you for the very informative videos. You both make a difference in people lives. Many thanks. God Bless you both.
I am 67 and was mistreated over snd over again by 2 different store managers. I thought the first one was bad but the second one was worse. I stuck my job out for 12 long years. I saw so many come and go good ones snd bad ones. I was loved by my costermers. This was the whole reason I stuck it out was for my custermers. I loved my job. It took me a month before I could go in and shop there cause I would cry.. some of the stuff I had to do was beyond normal work duties. I was very dependable I have a good work record . When I go in to this day I tear up cause it does not look like when I was there it's trashy. There were alot of good employees that were very good and honest people that were treated bad I witness stuff that made me sick. I experienced that hit me so hard that I went to 4 County counseling center to talk to some one about my episode at work. I had to go on medison..my family won't go in there inless just have to. I don't understand how a big company can let this go on. I reported stuff to a district manager and he yelled at manager for doing what she did to me. He was a great district Manger wich hashish own business now butbhe told me to go for this for my mom
This is only for low income Seniors or Disabled Individuals who are unable to pay old UNSECURED DEBTS like credit cards, medical bills, not SECURED DEBTS like HOA/POA ever increasing assessment fees on their condominium or single-family home that is owned but is now susceptible to foreclosure.
Great advice gentlemen. I was sued by a debt collected years back. And went to court over this. The court put a judgement on my home over twelve hundred dollars. My question is I am on disabily and was when this was filled. I am in poor health with cancer heart problems and other sickness. I want to leave my home and possessions to my son can I get this judgement taken off. Love your channel a great peace of mind for seniors. Thank you
I'm 67 on social security. I got a call hour ago about a bill I have I have 2 hospital bills that was turned into collections. The garnished my check. Now im not working after 12 years of work I got fired and now the are wanting the rest of my garnishment
Received a judgment with a Fl. Facts and INFO Sheet .1.997 it asks for FAMILY income etc. can they go after my son, for my debt as I just moved in with him? I get SSA and Fed retirement -pay him rent
No absolutely not. This form is sent with all judgments. I think judgment creditors count on seniors will be intimidated when they get this form and call and arrange for payments. When they don't need to. Eric HELPS
Same issue in this video. Social security. Pensions. Bank account. But no mention of the word IRA. Can a collection agency go after your last $30,000 IRA which is supposed to last the rest of your life and used to meet monthly expenses?
What about the stimulus check? This time because it was passed thru reconsiliation, there are no protections from credit card debt. What about that? And does NYS have a protection from debt collectors concerning the stimulus?
@@donnalamb4617 Dont think so but doesn't matter. I will explain why. The stimulus check is deposited into your bank account, into which Social Security is paid. It can’t be taken before it is deposited into your account. Twice the amount of monthly Social Security or federal benefits deposited into your bank account is protected from garnishment no matter the source of monies in the account at the time of the garnishment. That means if your Social Security is $1500 per month, then $3000 is protected automatically no matter the source of funds in the account at the time of the garnishment. If you keep the balance in your bank account less than twice the amount of monthly federal benefits, less $1400, then the stimulus check deposited into the account is protected from garnishment. Finally, the government will not take your stimulus for monies owed for taxes or other government debt. Eric Olsen Executive Director HELPS
Hello, my first time watching your show appreciate the information, I owe a lot of medical debt to hospitals and Doctors as my private insurance has expired, my wife has medical complications from 2006 and have not worked how do we get help
Social Security and almost all forms of other retirement income is protected from collectors by federal and state laws. Medicare pays a large portion of medical debt. Many hospitals are nonprofit and have programs to forgive debt of those unable to pay. They cannot deny future services if you do not pay. You can look at the video again which explains why they can't collect. Eric Olsen Executive Director HELPS Nonprofit Law Firm
I have the same problem I feal in the Medicare doughnut whole.Now I owe two hospitals a ambulance was admitted and was in two emergencies can Eric help me?
What is a senior defined age bracket? What is the bottom age of the scale? Let's say you are retired, have no pension or retirement funds. SS is your only income but you own your house outright with an approx value of $250K. Let's say you wind up in the hospital with $100k worth of bills. Can the hospital go after the house? OR if you don't pay the hospital and they turn it over to collections, can the collections agency go after the house?
These laws that protect income are based on the source of income regardless of a person's age. States have different laws that protect a certain amount of equity in a home. For example, in Texas and Florida, all the equity is protected. Other states have large exemptions and then other states have minimal amounts protected. However, it is not the practice of consumer judgment creditors to go after a person's home. There are also a lot of options to prevent a potential problem. Far too many to discuss in a reply like this. Eric HELPS
I was just got a letter in the mail to appear in court on the 12th for $1,353. I have tried to explain my situation but they don't care. I'm not well and don't and to go to debit. What can I do??? This has been 2 years. I tried to work but would not work with me. Now gone to court.
As the video explains your income, Social Security is protected. It can't be garnished or taken from you. You only need to go to court if you are going to contest the lawsuit. Otherwise, you don't have to go to court. The creditor will get a judgment but if your only income is SS as you say, you are what is called "judgment proof." They can't collect from you, You don't have to pay the debt. You don't have to worry. That said, being sued can be intimidating. What HELPS does is we represent lower-income seniors so they don't have to deal with debt collectors. You can visit our website www.helpsishere.org and learn more. You will be fine. Eric Olsen Executive Director HELPS nonprofit law firm.
THESE ARE PRETTY GOOD VIDEOS,HOWEVER:THE STATE YOU LIVE IN HAS VERY SPECIFIC GUIDELINES REGARDING EXEMPTIONS FROM COLLECTIONS,THESE ARE THE FACTS-JACK...I WAS IN COURT YESTERDAY AND WAS PLEASANTLY SURPRISED HOW HELPFUL THE REPRESENTATIVE OF THE COLLECTOR AND THE JUDGE WAS,I DID MY HOMEWORK BUT WAS SURPRISED AT HOW IT WENT DOWN
First someone would have to have a judgment. Second there is a wage exemption. Federal exemption for wages is $217.50 net per week but some states have higher exemptions or states like Texas do not permit garnishment. If you haven't been sued no need to worry. Eric HELPS
A judgment can become a lien on a persons equity in a home. Regardless of whether a person has a judgment or not a will or trust provides that all debt be paid before heirs receive anything. So a judgment really has nothing to do with it. Senior Living will have a video out on this topic shortly discussing protecting assets for family. Eric HELPS
@SeniorLivingOrg Just to clarify, if a senior has MORE than two months of their SS income in a bank account, but the only source of those funds was from their SS income, that means that all of that money is exempt from garnishment/judgement? And am I correct to assume that money received from the VA would also be exempt?
Two months is automatically protected by the bank from garnishment regardless of the source of actual funds in the account based on federal banking rules in effect since 2012. If you have more than that in the account it is protected just not automatically. One would need to file a claim of exemption or challenge to garnishment to have the court order that excess balance in the account released. This was explained the video. Eric HELP:S
As explained in the video twice the amount of SS or federal benefit is protected automatically under federal banking regulations by the banks from garnishment it is protected only in the account into which the SS is deposited. Regardless of the source of other funds that may be in the account at the time of the garnishent. i believe this is discussed in this video and other videos on senior living regarding seniors and debt. Eric Olsen Executive Director HELPS Nonprofit Law Firm
I was paying a Hospital bill for years and ne er missed a payment . Called and asked them if they could wipe it out and they said no. Just this Last year I started getting a bill from a bank saying I was to send them the payment and That's what I've been doing , but friend tell me I don't owe them the money because I didn't sign anything with them .they tell me the Hospital sold my bill to this bank and I don't have to pay them . Are my friends right ? Please help me , I'm 77 .
Social Security and pensions are protected. You don't need to pay the old bill. As the video explains they can't collect from you Eric Olsen Executive Director HELPS Nonprofit Law Firm
At what age are you saying is a senior??? I’m retired at 63….do I qualify?? How about medical debt? Are my kids responsible! For my medical debt when I die???
Social Security Pensions and other income is protected regardless of age. Senior Living has another video explaining why your children are not responsible for your debt. Eric HELPS
HELPS is a charitable nonprofit law firm that helps seniors and disabled persons in all fifty states- yes including Texas Eric Olsen Executive Director HELPS Nonprofit Law Firm
My sister is 68 years old and she is still working and now her check is being garnished for two cars that was repoed and the credit union turned it over to an attorney who is garnishing her check. She went to court and this attorney used Writ Fieri Facias to garnish her check in Louisiana. He has been garnishing her check now over two years. He can come in and sell everything in her house. Both cars were auctioned and she has to pay back over $25000. He’s collecting his fees right now. How can my sister stop him from taking her check every two weeks?
What if creditors have a lawyer an take you to court an lawyer takes you in a room an has you signs a paper stating the deth will be taking out of ones estate when you die. Is that legal. Plus add a higher interest.
What if your 59 yrs old, lost your job & are low income (not collecting any social security or any other federal$) but am collecting unemployment. Can my bank account be garnished?
First, before any creditor can attempt to garnish a bank account they must have filed a lawsuit and obtained a judgment, Unemployment is protected under state law. If a garnishment was filed on a bank account that contained unemployment a challenge to garnishment could be filed with the court and the court would order the money released. It is not as difficult as it sounds. But again if they don't have a judgment nothing to worry about. If they did and you were worried about garnishment of your bank account you could simply cash the unemployment check and keep it out of the bank account. Eric Olsen Executive Director HELPS Nonprofit Law Firm
Not sure exactly what is the question. If you have a reverse mortgage, yes any equity can be left to heirs. They normally have up to a year to sell the home, pay off the reverse and the balance is available for debts or heirs. Eric HELPS
Well I am being sued right now for a debt and I have no money to hire you or any lawyers. I am a senior and I was wondering if this kills me, can the creditors be held accountable to my death? My health is pretty bad.
There are plenty of videos HELPS has done with Senior Living which explain why you don't need to worry. This is one of them. You can always call HELPS with questions. I am sure you will be fine Eric HELPS
Hubby found out he’s got 10k from old credit cards,,they put a lien on our house just found out trying to do a refi Hubby 65 Me 64 What can we do? Both chronically sick on SSDI Hubby turned 65 so he’s just on SS now? Same amount of check
I want to thank you for explaining,alot information regarding credit, savings and lawsuit. I paid all my credit cards off,on time. And my credit line is still the same. Is this because I'm a African American. Never was late in paying them off..
Race is legally not a factor in extention of credit. There are many factors involved in credit availability, not the least of which is how much income a person has that is available with which to pay back any borrowed money. Eric HELPS
Is there anyway to contact this dear friend Attorney by e mail? Sorry if this has been asked before and replied, Thank you God Bless you for all you do for us Older Americans!
If a collector sues or a judgement against a person, is it legal for collector (courts) to send paperwork thru mail and postman or woman sends the certified copy back to courts that they delivered it. How do the courts really know it was delivered?
Twice the monthly amount of SS and federal benefits deposited are protected automatically regardless of the source of funds in the account at the time of garnishment or the names on the account. Eric HELPS
Thank you very much for this info I just hope it's right I didn't really mean that but please read I haven't been able to pay my credit card bills for 5 months now I proved to them not in writing but over the phone that they are overcharging me but I haven't gotten anything from any collection agency it's always from the bank that I have a charge card with and it keeps going up every month now with interest and everytime I do try to call them give them my account number I get disconnected
@Deia Draper, after 80 days, the Credit Cards will charge off and after the charge off, that's when it's sent to collections. I know this from my own issue. The Credit Card company will add the interest on the charges until it's charged off.Why would you call them to give them you're account##????? Also, are you on SS, SSd, SSDI?
What about Hospital Debt, if owing over hundred fifty thousand plus dollars can they collect if I can't pay have no health insurance, and 64 years of age, to young to get Medicare as of yet.
Social Security and almost all forms of other retirement income is protected from collectors by federal and state laws. Many hospitals are nonprofit and have programs to forgive debt of those unable to pay. They cannot deny future services if you do not pay. You can look at the video again which explains why they can't collect. Eric Olsen Executive Director HELPS Nonprofit Law Firm
What about paperwork that says judgement against me. Was never notified of a hearing. Paperwork says Judgement Creditor First set of written discovery in Aid of Enforcement of Judgement. Do I have to fill it out with all my information?
Though there may be some special state laws that protect “seniors” ALL income from the social security administration is protected from creditors, no matter what your age. So SSI, SSDI, and SS retirement. State law also will have categories of exempt income and property, they vary a lot by state law (also, has nothing to do with age). Use Google to find the law in your state.
Your Social Security and retirement income is protected including any money owed for court costs on a lawsuit. So you didn't have to pay the court costs if you did. Eric HELPS
I'm only 60 years old but I receive ssdi disability and it's the only income I have. I have a 1600 dollar debt that's around 7 years old. Just got a letter from a debt collector saying pay up. I don't want to pay because the debt is old and I don't want to go to court because of covid 19 . Can they still collect the money from my account?
There is another video from Senior Living that discusses this. Twice the amount of your monthly SS deposited into a bank account is automatically protected from garnishment by your bank. Eric Olsen Executive Director HELPS Nonprofit Law Firm
The only way they could withdraw money from your savings account is if they filed a lawsuit, received a judgment and filed a writ of garnishment. Or you gave them authority to withdraw money from your account. I believe this video and others with HELPS explains how SS deposited into a bank account is automatically protected Eric HELPS
@@HELPSNonprofitLawFirm I thought that as well even sent registered letters that they committed theft because no contract and no consent and to reimburse the amount immediately . To date crickets .
@@pjon1111 That won't work. The video explains that a challenge to garnishment or claim of exemption be filed with the court explaining that the monies in the savings account were from SS and therefore exempt. This is is a reason why it makes sense to keep funds in the checking account into which SS is deposited which is automatically protected up to twice the amount of monthly SS. Eric HELPS
Hi I'm not a senior but I'm disabled. I have two debts that over 15 years old & under $1,500.00 the collection agency is still sending me letters to pay. I can't remember what the letter is called but it's a letter to give me proof of a original debt.. which most of these companies closed over 10 years ago. Can you please help me find that type of letter or form please. Thank you
Actually if that debt is that old the statute of limitations has expired and they can't legally sue. Assuming you haven' t made a payment on the debt recently. Your disability income is protected in any event. You can ignore them or send a cease and desist letter which you can find on the internet or on the HELPS website. Eric HELPS
@@ericolsen2141 THANK YOU SO MUCH! 😊THANK YOU FOR HELPING OTHERS ALSO! In this climate of uncertainty and hate, & fraud. I still believe there are still good people like you out there. Thank you!!!
I have 2 banking accounts! One, I have my Social Security Check directly deposited and the other my Pension Check deposited into ... can I still keep both bank accounts, and they are both protected? Thank you!
The pension account is not protected automatically unless it is a federal pension. It could be garnished and a challenge to garnishment would have to be filed. But then before any of that could happen there would be a lawsuit and judgment. So if that hasn't happened there would be plenty of time to correct the problem. I tried to make this clear on the interview. Often the best idea is one account into which SS is deposited. Eric HELPS Nonprofit Law Firm
@@ericolsen2141 Thank you! It's a State Pension. Would a State Pension qualify? It's not Federal, per sé ... but, in the same neighborhood. Thank you, again, in advanced.
If your income is Social Security and pension it is protected as discussed in the video and your assets are not risk. Eric Olsen Executive Director HELPS Nonprofit Law Firm
Normally a judgment is a lien on persons real property in the county where the judgment in obtained. A judgment lien is not automatically a problem. Eric HELPS
The IRS and Public Student loans can offset 15% of SS. However almost lower-income seniors can obtain non-collectible now status with the IRS and pay nothing. The same with student loans but that is called income-based repayment which is most often zero dollars per month. HELPS Nonprofit Law Firm assists seniors with this every day. Eric Olsen Executive Director HELPS Nonprofit Law Firm
The video discussed unsecured debt collectors. When you borrow money to buy a car or put the title up for collateral for a loan the lender then has a security interest in the car. Yes if you default the lender can repossess the car. Sometimes seniors owe more on a car than it is worth and have a payment they can't afford. They can always choose to stop the payment and let the car go back. They can probably keep the car for a period before it is repossessed. When the car is repossessed it is sold and eventually, the lender will send a letter stating the person owes a deficiency amount, the amount still owed on the loan after the car is sold at auction. That debt is unsecured and as the video states seniors with protected income would not need to pay that debt. It is often possible to pay cash for a less expensive car and not have a car payment. In most areas of the country by searching craigslist, owner only, runs good, decent transportation can be found often for $1000 or less. In my opinion too many seniors are eating mac and cheese making a car payment they simply. But I understand the need for reliable transportation. This is a difficult situation for many seniors. Eric Olsen Executive Director HELPS Nonprofit Law Firm
@@ericolsen2141 thank you for taking time to answer me!! Most kind! Yes, my car is in great shape and low mileage. My son said that they would make a big profit. The courts ordered my x to pay it off. I have paid it for 3 years but no longer can manage it. Thank you again for your time!! Karen
Yeah seniors on all this debt and they're incurring more don't worry they got it all figured out a new virus will come out and get rid of these problematic seniors myself included
thank you for this info wish I knew last April when My husband passed I was threatened to pay off a car He co singed for that the kid stopped.paying it was broken I had it repoed thought that was the end but they said I stilled owed about $4 thousand I asked how liw I could pay they said $150,00 a mo after 9 Mo I asked them to forgive the lian because I needed food Money a new lady said if I cant pay I dint have to I am still worried they will go after me they said they would go after the estate should I still worry I I am 77 & live on survivors benefits
If you didn't sign for the loan then you are not responsible and don't need to pay anything. Creditors and collectors will lie and say about anything attempting to collect a debt. You don't need to worry and can always call HELPS if you have questions. Eric HELPS
Thanks so much for the info.. really, really helped to ease my mind, regarding my mom's debt..
You are so welcome!
What about Student Loans and Parent Plus Loans?
So much thanks for helping us seniors in these difficult time. Appreciate what you do!!
I’m 68 . Disabled on SS and Pension. I called this service and they eased my mind. Good people.Bank America has written off my debt to a collection agency ,and my credit score has gone up!
@Paul Grimm Written off, or charge off? Two different things. You're score will go up a little after the charge off, if it was a charge off, then after it's sent to collections, the score goes down a lot! It just take time for it to drop, at least that's my experience
You guys have given me peace of mind in my retirement. Thank you.
You are welcome. Please share the channel with your friends.
Do NOT get a Discover card! Currently being sued by them, because they refused to work with me on lowering payments. Thank God I found HELPS!
I am a senior. I am being sued for credit card debt. They filed a law suit already and refused to work with me period! The debt collector told me they will agree to accept my ss check and I spoke with an attorney in my state that told me to not worry.
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787 if you need a second opinion.
Jeff, Eric, Thank you so much!!!! After 3 heart attacks, I really don't want another one cuz of the worrying...... God bless you two!!!!!!
Thank you very much for this information and HELPS non-profitlaw firm! I wish I had known earlier. My mom lost are family home.
HELPS law firm is listed with BBB. They have a five star rating and a BBB rating of A+.
Glad it was helpful!
Thank you so much! Will contact you!!! What a wonderful service for Seniors!😊🌹🙏
You are so welcome!
Thank you so much for having this channel available to seniors. I'm a senior, living in senior park. I will be able to share this information to anyone who needs or wants it. At a time in life when so many of us are alone, poor and often battling chronic illnesses, it is difficult to defend yourself from the hungry dragons out their who want to chew you up and spit you out. (OK, I'm n artist nd cartoonist with an over-active imagination. I can at least entertain myself.) I wish more seniors would gravitate to this channel and get some security.
These videos are a blessing thank you for all that both of you do
Our pleasure!
Thanking U kindly Mr. Olsen 4 reconnecting expeditiously & rendering much relief!!! Jeff ty so very much 4 this video!!!
Have not gone to a court yet. But the letter came today to appear in court.
Only income is Social security and own no property or anything else!!!
I am represented by helps
If a senior owns a car or house can a lean be put on it?
Thank you for this information. It is very helpful and reassuring.
In Texas you have homestead exemption up to 10 acres urban 100 acres if in the country areas
Thank you Jeff for having this Wonderful UA-cam page!!!!
You're welcome, and thanks for watching!
I'm so relieved! Mahalo nui loa for the invaluable information! Aloha nui loa to you both!
So glad we could help! 🤙
This was so helpful. Thanks!
Glad it was helpful!
Jeff and Eric two very compassionate caring people. Thank you for the very informative videos. You both make a difference in people lives. Many thanks. God Bless you both.
A couple of years ago this really eased my mind. Thanx again.
Glad we could help!
Thank you, Eric
I am 67 and was mistreated over snd over again by 2 different store managers. I thought the first one was bad but the second one was worse. I stuck my job out for 12 long years. I saw so many come and go good ones snd bad ones. I was loved by my costermers. This was the whole reason I stuck it out was for my custermers. I loved my job. It took me a month before I could go in and shop there cause I would cry.. some of the stuff I had to do was beyond normal work duties. I was very dependable I have a good work record . When I go in to this day I tear up cause it does not look like when I was there it's trashy. There were alot of good employees that were very good and honest people that were treated bad I witness stuff that made me sick. I experienced that hit me so hard that I went to 4 County counseling center to talk to some one about my episode at work. I had to go on medison..my family won't go in there inless just have to. I don't understand how a big company can let this go on. I reported stuff to a district manager and he yelled at manager for doing what she did to me. He was a great district Manger wich hashish own business now butbhe told me to go for this for my mom
This is only for low income Seniors or Disabled Individuals who are unable to pay old UNSECURED DEBTS like credit cards, medical bills, not SECURED DEBTS like HOA/POA ever increasing assessment fees on their condominium or single-family home that is owned but is now susceptible to foreclosure.
THANKS JEFF AND ERIC
I was told I have a lawsuit but afraid to go ahead with it
I'll sleep much better tonight. Thank You😊
You are very welcome. Please share the channel with your friends.
1st thank you for your service. What is considered senior I'm 59
These laws are based on source of income such as SS and retirement in come not age. Eric HELPS
Very informative thank you.
You are very welcome. Please share the channel with your friends.
Great advice gentlemen. I was sued by a debt collected years back. And went to court over this. The court put a judgement on my home over twelve hundred dollars. My question is I am on disabily and was when this was filled. I am in poor health with cancer heart problems and other sickness. I want to leave my home and possessions to my son can I get this judgement taken off. Love your channel a great peace of mind for seniors. Thank you
Too many questons to ask and to explain to answer in a forum like this. You can call HELPS with your questions at 855 435 7787 Eric HELPS
I'm 67 on social security. I got a call hour ago about a bill I have I have 2 hospital bills that was turned into collections. The garnished my check. Now im not working after 12 years of work I got fired and now the are wanting the rest of my garnishment
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
Received a judgment with a Fl. Facts and INFO Sheet .1.997 it asks for FAMILY income etc. can they go after my son, for my debt as I just moved in with him? I get SSA and Fed retirement -pay him rent
No absolutely not. This form is sent with all judgments. I think judgment creditors count on seniors will be intimidated when they get this form and call and arrange for payments. When they don't need to. Eric HELPS
Same issue in this video. Social security. Pensions. Bank account.
But no mention of the word IRA.
Can a collection agency go after your last $30,000 IRA which is supposed to last the rest of your life and used to meet monthly expenses?
IRA's are also protected from debt collectors Eric HELPS
@@HELPSNonprofitLawFirm thanks
What about the stimulus check? This time because it was passed thru reconsiliation, there are no protections from credit card debt. What about that? And does NYS have a protection from debt collectors concerning the stimulus?
Senior Living on the stimulus being protected coming out today
plz. answer my question. Does NYS have protection for the third stimulus against credit card debt?
@@donnalamb4617 Dont think so but doesn't matter. I will explain why. The stimulus check is deposited into your bank account, into which Social Security is paid. It can’t be taken before it is deposited into your account. Twice the amount of monthly Social Security or federal benefits deposited into your bank account is protected from garnishment no matter the source of monies in the account at the time of the garnishment. That means if your Social Security is $1500 per month, then $3000 is protected automatically no matter the source of funds in the account at the time of the garnishment. If you keep the balance in your bank account less than twice the amount of monthly federal benefits, less $1400, then the stimulus check deposited into the account is protected from garnishment. Finally, the government will not take your stimulus for monies owed for taxes or other government debt. Eric Olsen Executive Director HELPS
Thank you very much for that information! I finally have an answer! 😊
Can the collector request for entry of default
you might want to include ways for the semior to rebuild or gey back to work
How will my being a senior bankrupt prevent me from getting a VA loan ?
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
Normally you can qualify for a VA loan two years after filing bankruptcy Eric HELPS Nonprofit Law Firm
I was wondering if you serve Canada as I am in canada .Susan Richardson
Sorry no
How do i get intouch with Eric?
Can I ask what's considered a senior? I am 60 and in debt. My husband is 65 and our only income is his SSDI
These protections and laws are based on source of income like SS and retirement income regardless of one's age. Eric HELPS
I am a senior. I cannot pay my credit cards. I know my Social Security is safe. Can creditor sue me and later when I die, can
Put A lein on the condo
Hello, my first time watching your show appreciate the information, I owe a lot of medical debt to hospitals and Doctors as my private insurance has expired, my wife has medical complications from 2006 and have not worked how do we get help
Social Security and almost all forms of other retirement income is protected from collectors by federal and state laws. Medicare pays a large portion of medical debt. Many hospitals are nonprofit and have programs to forgive debt of those unable to pay. They cannot deny future services if you do not pay. You can look at the video again which explains why they can't collect. Eric Olsen Executive Director HELPS Nonprofit Law Firm
I have the same problem I feal in the Medicare doughnut whole.Now I owe two hospitals a ambulance was admitted and was in two emergencies can Eric help me?
What is a senior defined age bracket? What is the bottom age of the scale? Let's say you are retired, have no pension or retirement funds. SS is your only income but you own your house outright with an approx value of $250K. Let's say you wind up in the hospital with $100k worth of bills. Can the hospital go after the house? OR if you don't pay the hospital and they turn it over to collections, can the collections agency go after the house?
These laws that protect income are based on the source of income regardless of a person's age. States have different laws that protect a certain amount of equity in a home. For example, in Texas and Florida, all the equity is protected. Other states have large exemptions and then other states have minimal amounts protected. However, it is not the practice of consumer judgment creditors to go after a person's home. There are also a lot of options to prevent a potential problem. Far too many to discuss in a reply like this. Eric HELPS
Great info
Thanks, christine!
The collector send a letter say if don't pay they send citation to court
A "citation" is another word for a lawsuit. As explained your retirement income is protected so no problem Eric HELPS
Can the federal government take an offset directly from social security retirement benefits for criminal restitution?
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
Not for criminal restitution Eric HELPS
I was just got a letter in the mail to appear in court on the 12th for $1,353. I have tried to explain my situation but they don't care. I'm not well and don't and to go to debit. What can I do??? This has been 2 years. I tried to work but would not work with me. Now gone to court.
As the video explains your income, Social Security is protected. It can't be garnished or taken from you. You only need to go to court if you are going to contest the lawsuit. Otherwise, you don't have to go to court. The creditor will get a judgment but if your only income is SS as you say, you are what is called "judgment proof." They can't collect from you, You don't have to pay the debt. You don't have to worry. That said, being sued can be intimidating. What HELPS does is we represent lower-income seniors so they don't have to deal with debt collectors. You can visit our website www.helpsishere.org and learn more. You will be fine. Eric Olsen Executive Director HELPS nonprofit law firm.
THESE ARE PRETTY GOOD VIDEOS,HOWEVER:THE STATE YOU LIVE IN HAS VERY SPECIFIC GUIDELINES REGARDING EXEMPTIONS FROM COLLECTIONS,THESE ARE THE FACTS-JACK...I WAS IN COURT YESTERDAY AND WAS PLEASANTLY SURPRISED HOW HELPFUL THE REPRESENTATIVE OF THE COLLECTOR AND THE JUDGE WAS,I DID MY HOMEWORK BUT WAS SURPRISED AT HOW IT WENT DOWN
I'm glad you got a good result.
NOW IM 66 YEARS OF AGE ON SSI YOUR SAYING THAT THEY CANT TOUCH MY STIMULUS CHECK I HAVE DIRECT DEPOSIT
correct Eric HELPS
Can they garnish your salary? Iam a senior but still working as a federal employee.
First someone would have to have a judgment. Second there is a wage exemption. Federal exemption for wages is $217.50 net per week but some states have higher exemptions or states like Texas do not permit garnishment. If you haven't been sued no need to worry. Eric HELPS
@@HELPSNonprofitLawFirm Thank you.
Motion summary judgment and got ordering grants
Great 👌 Feedback
Thanks.
One hell of a thing to work hard all our lives, to find out " being shoved in corner " with " back against the wall " and is unreal...
Can they put lean on your home if your a senior and collect the money from children who inherit the property???
A judgment can become a lien on a persons equity in a home. Regardless of whether a person has a judgment or not a will or trust provides that all debt be paid before heirs receive anything. So a judgment really has nothing to do with it. Senior Living will have a video out on this topic shortly discussing protecting assets for family. Eric HELPS
@SeniorLivingOrg Just to clarify, if a senior has MORE than two months of their SS income in a bank account, but the only source of those funds was from their SS income, that means that all of that money is exempt from garnishment/judgement? And am I correct to assume that money received from the VA would also be exempt?
I'm not an attorney, but I believe only up to two months of the income (Social Security or VA benefits) is protected.
Two months is automatically protected by the bank from garnishment regardless of the source of actual funds in the account based on federal banking rules in effect since 2012. If you have more than that in the account it is protected just not automatically. One would need to file a claim of exemption or challenge to garnishment to have the court order that excess balance in the account released. This was explained the video. Eric HELP:S
What would happen if a person only had the one account in the United States but relocated to a retirement out of the country?
As explained in the video twice the amount of SS or federal benefit is protected automatically under federal banking regulations by the banks from garnishment it is protected only in the account into which the SS is deposited. Regardless of the source of other funds that may be in the account at the time of the garnishent. i believe this is discussed in this video and other videos on senior living regarding seniors and debt. Eric Olsen Executive Director HELPS Nonprofit Law Firm
I was paying a Hospital bill for years and ne er missed a payment . Called and asked them if they could wipe it out and they said no. Just this Last year I started getting a bill from a bank saying I was to send them the payment and That's what I've been doing , but friend tell me I don't owe them the money because I didn't sign anything with them .they tell me the Hospital sold my bill to this bank and I don't have to pay them . Are my friends right ? Please help me , I'm 77 .
Social Security and pensions are protected. You don't need to pay the old bill. As the video explains they can't collect from you Eric Olsen Executive Director HELPS Nonprofit Law Firm
At what age are you saying is a senior??? I’m retired at 63….do I qualify?? How about medical debt? Are my kids responsible! For my medical debt when I die???
Social Security Pensions and other income is protected regardless of age. Senior Living has another video explaining why your children are not responsible for your debt. Eric HELPS
It happened to me in Texas. Can your firm help?
HELPS is a charitable nonprofit law firm that helps seniors and disabled persons in all fifty states- yes including Texas Eric Olsen Executive Director HELPS Nonprofit Law Firm
Can creditors put a lien on your house?
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
My sister is 68 years old and she is still working and now her check is being garnished for two cars that was repoed and the credit union turned it over to an attorney who is garnishing her check. She went to court and this attorney used Writ Fieri Facias to garnish her check in Louisiana. He has been garnishing her check now over two years. He can come in and sell everything in her house. Both cars were auctioned and she has to pay back over $25000. He’s collecting his fees right now. How can my sister stop him from taking her check every two weeks?
She should consult with a bankruptcy attorney.
What if you have a line of credit on a non homesteaded property?
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
Cool video
Thanks!
Do the stimulus count or can they take the stimulus payments if we keep the amount to your 2months amount?
Senior Living has a new video on this topic that will answer this question
What if creditors have a lawyer an take you to court an lawyer takes you in a room an has you signs a paper stating the deth will be taking out of ones estate when you die. Is that legal. Plus add a higher interest.
Sounds like a bunch of unenforceable baloney to me, Eric HELPS
If they garnished this 1400.00 how do I handle this as a senior?
You are referring I assume to the stimulus, Senior Living has a new video that answers this
What if your 59 yrs old, lost your job & are low income (not collecting any social security or any other federal$) but am collecting unemployment.
Can my bank account be garnished?
First, before any creditor can attempt to garnish a bank account they must have filed a lawsuit and obtained a judgment, Unemployment is protected under state law. If a garnishment was filed on a bank account that contained unemployment a challenge to garnishment could be filed with the court and the court would order the money released. It is not as difficult as it sounds. But again if they don't have a judgment nothing to worry about. If they did and you were worried about garnishment of your bank account you could simply cash the unemployment check and keep it out of the bank account. Eric Olsen Executive Director HELPS Nonprofit Law Firm
@@ericolsen2141 thank you for the information.
I just came upon this video and I am being sued right now, I am a senior I can no hire an attorney.
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
I'm on ssa can a Revere mortgage be left to family can't afford to paid on taxes and property taxes.
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
Not sure exactly what is the question. If you have a reverse mortgage, yes any equity can be left to heirs. They normally have up to a year to sell the home, pay off the reverse and the balance is available for debts or heirs. Eric HELPS
Well I am being sued right now for a debt and I have no money to hire you or any lawyers. I am a senior and I was wondering if this kills me, can the creditors be held accountable to my death? My health is pretty bad.
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
There are plenty of videos HELPS has done with Senior Living which explain why you don't need to worry. This is one of them. You can always call HELPS with questions. I am sure you will be fine Eric HELPS
Hubby found out he’s got 10k from old credit cards,,they put a lien on our house just found out trying to do a refi
Hubby 65 Me 64 What can we do? Both chronically sick on SSDI Hubby turned 65 so he’s just on SS now? Same amount of check
Could never answer this in a reply. Too many questions to ask. You could call HELPS at 855 435 7787
I want to thank you for explaining,alot information regarding credit, savings and lawsuit. I paid all my credit cards off,on time. And my credit line is still the same. Is this because I'm a African American. Never was late in paying them off..
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
Race is legally not a factor in extention of credit. There are many factors involved in credit availability, not the least of which is how much income a person has that is available with which to pay back any borrowed money. Eric HELPS
What if you are served an u don’t answer summons an complaint
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
Senior Living has several videos that go over this topic Eric HELPS
Is there anyway to contact this dear friend Attorney by e mail? Sorry if this has been asked before and replied, Thank you God Bless you for all you do for us Older Americans!
You can visit our website for email contact
If a collector sues or a judgement against a person, is it legal for collector (courts) to send paperwork thru mail and postman or woman sends the certified copy back to courts that they delivered it. How do the courts really know it was delivered?
Sorry these rules depend on your state or locality. Eric HELPS
Is there a way to download this form? It seems a bit difficult to get it from your link. TIA
We recommend trying another browser or clearing your browser cache.
What if a senior shares an account with an immediate relative.
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
Twice the monthly amount of SS and federal benefits deposited are protected automatically regardless of the source of funds in the account at the time of garnishment or the names on the account. Eric HELPS
Thank you very much for this info I just hope it's right I didn't really mean that but please read I haven't been able to pay my credit card bills for 5 months now I proved to them not in writing but over the phone that they are overcharging me but I haven't gotten anything from any collection agency it's always from the bank that I have a charge card with and it keeps going up every month now with interest and everytime I do try to call them give them my account number I get disconnected
@Deia Draper, after 80 days, the Credit Cards will charge off and after the charge off, that's when it's sent to collections. I know this from my own issue. The Credit Card company will add the interest on the charges until it's charged off.Why would you call them to give them you're account##????? Also, are you on SS, SSd, SSDI?
@@chantalsslippersondeedeesf4853 mkkty
@@lizzysmith5584 ??????
What about Hospital Debt, if owing over hundred fifty thousand plus dollars can they collect if I can't pay have no health insurance, and 64 years of age, to young to get Medicare as of yet.
Social Security and almost all forms of other retirement income is protected from collectors by federal and state laws. Many hospitals are nonprofit and have programs to forgive debt of those unable to pay. They cannot deny future services if you do not pay. You can look at the video again which explains why they can't collect. Eric Olsen Executive Director HELPS Nonprofit Law Firm
What about paperwork that says judgement against me. Was never notified of a hearing. Paperwork says Judgement Creditor First set of written discovery in Aid of Enforcement of Judgement. Do I have to fill it out with all my information?
What is considered “senior age”, I’m 60, soon to be 61!
These laws protect the type of income, Social Security, etc. regardless of age. Eric Olsen Executive Director HELPS Nonprofit Law Firm
"Senior Age" could be considered at 55+ but it depends on the business, so you should always ask.
Though there may be some special state laws that protect “seniors” ALL income from the social security administration is protected from creditors, no matter what your age. So SSI, SSDI, and SS retirement. State law also will have categories of exempt income and property, they vary a lot by state law (also, has nothing to do with age). Use Google to find the law in your state.
I was summons to court and didn't go because I did owe the money but I had to pay the court cost.
Your Social Security and retirement income is protected including any money owed for court costs on a lawsuit. So you didn't have to pay the court costs if you did. Eric HELPS
I did pay the court cost
Hello does this hold true now ?? In 2022?? I have to go to Civil Court on April 13
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
I'm only 60 years old but I receive ssdi disability and it's the only income I have. I have a 1600 dollar debt that's around 7 years old. Just got a letter from a debt collector saying pay up. I don't want to pay because the debt is old and I don't want to go to court because of covid 19 . Can they still collect the money from my account?
There is another video from Senior Living that discusses this. Twice the amount of your monthly SS deposited into a bank account is automatically protected from garnishment by your bank. Eric Olsen Executive Director HELPS Nonprofit Law Firm
What happens when a collection agency withdraws out of a seniors savings account without consent. Can they be sued?
The only way they could withdraw money from your savings account is if they filed a lawsuit, received a judgment and filed a writ of garnishment. Or you gave them authority to withdraw money from your account. I believe this video and others with HELPS explains how SS deposited into a bank account is automatically protected Eric HELPS
@@HELPSNonprofitLawFirm I thought that as well even sent registered letters that they committed theft because no contract and no consent and to reimburse the amount immediately . To date crickets .
@@pjon1111 That won't work. The video explains that a challenge to garnishment or claim of exemption be filed with the court explaining that the monies in the savings account were from SS and therefore exempt. This is is a reason why it makes sense to keep funds in the checking account into which SS is deposited which is automatically protected up to twice the amount of monthly SS. Eric HELPS
@@HELPSNonprofitLawFirm thank you
How about credit line
Do banks respect those rules?
Yes
Would like to fix my slab on my house it is paid for but don't want to leave debt to my grandkids
Does chase bank respect these rules or are they bullies?
There is a department in the bank that knows and follows these rules. Eric HELPS
Hi I'm not a senior but I'm disabled. I have two debts that over 15 years old & under $1,500.00 the collection agency is still sending me letters to pay. I can't remember what the letter is called but it's a letter to give me proof of a original debt.. which most of these companies closed over 10 years ago. Can you please help me find that type of letter or form please. Thank you
Actually if that debt is that old the statute of limitations has expired and they can't legally sue. Assuming you haven' t made a payment on the debt recently. Your disability income is protected in any event. You can ignore them or send a cease and desist letter which you can find on the internet or on the HELPS website. Eric HELPS
@@ericolsen2141 THANK YOU SO MUCH! 😊THANK YOU FOR HELPING OTHERS ALSO! In this climate of uncertainty and hate, & fraud. I still believe there are still good people like you out there. Thank you!!!
I have 2 banking accounts! One, I have my Social Security Check directly deposited and the other my Pension Check deposited into ... can I still keep both bank accounts, and they are both protected? Thank you!
The pension account is not protected automatically unless it is a federal pension. It could be garnished and a challenge to garnishment would have to be filed. But then before any of that could happen there would be a lawsuit and judgment. So if that hasn't happened there would be plenty of time to correct the problem. I tried to make this clear on the interview. Often the best idea is one account into which SS is deposited. Eric HELPS Nonprofit Law Firm
@@ericolsen2141 Thank you! It's a State Pension. Would a State Pension qualify? It's not Federal, per sé ... but, in the same neighborhood. Thank you, again, in advanced.
@@sharpharmade only federal automatically
Eric I’m getting a pension protected by arisa it’s a teachers pension can it be garnished
@@amysharma4972 No it can't be garnished. Eric HELPS Nonprofit Law Firm
I'm 66 can they take my STIMULUS I have direct deposit
no
@@HELPSNonprofitLawFirm thank you
Ia'm 74 years old. They are taking me to court . I hope they cant take my house. I need help. I have no money for a lawyer.
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787.
What about car and home, house is now part of bankruptcy and so is car, husband filed but not wife. Wife has a credit card but to hard to pay.
If your income is Social Security and pension it is protected as discussed in the video and your assets are not risk. Eric Olsen Executive Director HELPS Nonprofit Law Firm
@@ericolsen2141 thank you for responding to me. Bless you
If they get a judgement can they put a lien on your house?
Normally a judgment is a lien on persons real property in the county where the judgment in obtained. A judgment lien is not automatically a problem. Eric HELPS
@@ericolsen2141 can you look at a proposal the bank wants me to sign?
I wonder how this information works when You owe the Federal Government? I think I am in trouble. Sadly.
The IRS and Public Student loans can offset 15% of SS. However almost lower-income seniors can obtain non-collectible now status with the IRS and pay nothing. The same with student loans but that is called income-based repayment which is most often zero dollars per month. HELPS Nonprofit Law Firm assists seniors with this every day.
Eric Olsen Executive Director HELPS Nonprofit Law Firm
@@ericolsen2141 Thank you, sir.
Can they take my car ? I am 66 years old and have paid 4 years with two years left.
I am on Social security
The video discussed unsecured debt collectors. When you borrow money to buy a car or put the title up for collateral for a loan the lender then has a security interest in the car. Yes if you default the lender can repossess the car. Sometimes seniors owe more on a car than it is worth and have a payment they can't afford. They can always choose to stop the payment and let the car go back. They can probably keep the car for a period before it is repossessed. When the car is repossessed it is sold and eventually, the lender will send a letter stating the person owes a deficiency amount, the amount still owed on the loan after the car is sold at auction. That debt is unsecured and as the video states seniors with protected income would not need to pay that debt. It is often possible to pay cash for a less expensive car and not have a car payment. In most areas of the country by searching craigslist, owner only, runs good, decent transportation can be found often for $1000 or less. In my opinion too many seniors are eating mac and cheese making a car payment they simply. But I understand the need for reliable transportation. This is a difficult situation for many seniors. Eric Olsen Executive Director HELPS Nonprofit Law Firm
@@ericolsen2141 thank you for taking time to answer me!! Most kind!
Yes, my car is in great shape and low mileage. My son said that they would make a big profit. The courts ordered my x to pay it off. I have paid it for 3 years but no longer can manage it. Thank you again for your time!!
Karen
Can they take your house?
This was answered listen at 11:16. Eric Olsen Executive Director HELPS Nonprofit Law Firm
Not in Texas
Can they garnish my retirement money
As the video explains Social Security and almost all pensions are protected from garnishment. Eric Olsen HELPS Nonprofit Law Firm
Yeah seniors on all this debt and they're incurring more don't worry they got it all figured out a new virus will come out and get rid of these problematic seniors myself included
Eat healthy! Carnivore diet, lots of butter, keto diet, vit D3 and K2, zinc. Eat the opposite of what "experts" say. Live long, NO dementia!
Someone just hacked my bank ac account now its negative 1400.00. . And the bank took both of my SSI checks to pay it off which left me broke
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
thank you for this info wish I knew last April when My husband passed I was threatened to pay off a car He co singed for that the kid stopped.paying it was broken I had it repoed thought that was the end but they said I stilled owed about $4 thousand I asked how liw I could pay they said $150,00 a mo after 9 Mo I asked them to forgive the lian because I needed food Money a new lady said if I cant pay I dint have to I am still worried they will go after me they said they would go after the estate should I still worry I I am 77 & live on survivors benefits
If you didn't sign for the loan then you are not responsible and don't need to pay anything. Creditors and collectors will lie and say about anything attempting to collect a debt. You don't need to worry and can always call HELPS if you have questions. Eric HELPS