5 Things A Senior Who Is Sued Needs to Know But Doesn’t

A senior can be sued for non-payment of a debt, but many seniors shouldn't worry about that possibility. The law protects a senior being sued... but only if they know their rights. Eric Olsen, Founder and Executive Director of the HELPS Nonprofit Law Firm, explains the five things that a senior who is being sued should know but don’t.
Time Stamps
0:00 Why being sued is scary
0:15 Introduction to Attorney Eric Olsen and the HELPS Nonprofit Law Firm
1:19 The most important thing a senior being sued needs to know
2:45 How a lawsuit for unpaid debt works
3:14 What it means to be judgement-proof
4:23 Can a senior’s home or property be taken if they owe a debt?
6:20 Struggling seniors don’t need to go to court to fight a lawsuit
8:48 Struggling seniors don’t need to hire an attorney to fight a lawsuit
11:10 Retirement income is protected, including pensions, IRAs, and 401ks
12:04 Debt collectors and others won’t tell seniors their rights
13:24 What is a debtor’s exam?
16:16 How to contact the HELPS Nonprofit Law Firm to get protected from debt collector harassment
This advice from Attorney Eric Olsen could help seniors who are being sued for debts that they can't afford to pay, including medical debt and credit card debt. Eric wants to keep debt collectors (who won't tell you your rights) from bothering and harassing seniors. The video also contains contact information for Eric and the HELPS Nonprofit Law Firm.
Jeff Hoyt is SeniorLiving.org’s Editor-in-Chief.
For 5 things that seniors in debt need to know but don't, watch • 5 Things Struggling Se...
To learn more on why seniors don't have to pay old debts, watch • Why Seniors Shouldn't ...
For 5 Debt Collector scare tactics that seniors need to know, watch • 5 Debt Collector Scare...
For more from Attorney Eric Olsen on preventing senior scams, watch
• Top 5 Tips to Avoid Se...
For how to deal with debt collectors, watch • Why Seniors Shouldn’t ...
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To contact the HELPS Nonprofit Law Firm, call 1-855-435-7787 or visit helpsishere.org.
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[@kuriouskat444]

Boy do I need this guys help. I’m literally about to pay a 4K debt my husband is being sued for. Our Atty is doing nothing like this to help us and he did not advise us

[@SeniorLivingOrg]

You can contact the HELPS Nonprofit Law Firm with legal questions at 855-435-7787. We hope it works out.

[@steverino474]

Thanks to both of you for helping seniors.

[@SeniorLivingOrg]

Our pleasure!

[@blochhenry]

What happens if I work

[@alicecoppers8980]

Thanks for helping us seniors.

[@SeniorLivingOrg]

Our pleasure!

[@1stKeepFocus]

Well, isn't that crutch of it? "I hope that the hired attorney will explain or disclose everything to you." Seniors think they are in a dire situation. They don't have the time or fortitude to research or hold off. So, they implicitly trust the attorney. Interesting discussion. Seniors don't put yourself in debt. Keep it simple.

[@stephenkern5784]

The insurance company rarely keeps you informed.

[@Nanobits]

Thank you for the information, this is very important to many people.

[@SeniorLivingOrg]

You're very welcome.

[@terry_willis]

At 11:13 I recall OJ Simpson used the ERISA law to avoid having his football pension garnered by the Browns.

[@HELPSNonprofitLawFirm]

correct

[@lindaevans8446]

What if I'm on SSN, but work a part-time job. Which is not much at all, but helps, only work 29 hours $12 an hour, is that protected to?

[@HELPSNonprofitLawFirm]

Federal law protects $217.50 net in wages per week. But many states protect larger amounts and some states don't even permit garnishment of wages. Finally, a creditor would have to sue and know where you work. Knowledge of where a person works isn't easily obtained.

[@SeniorLivingOrg]

To contact the HELPS Nonprofit Law Firm, call 1-855-435-7787 or visit helpsishere.org.

[@sandramiller6752]

👍👍💯 Thanks

[@colemant6845]

It is called an Umbrella Insurance Policy ... $200/yr for $2MM coverage. Anyone sues you... The insurance company fights to not paying the IDIOT trying to sue you. $200.year is low cost insurance... especially in Retirement.

[@HELPSNonprofitLawFirm]

This kind of policy does not provide coverage for representation because of lawsuit for a past due consumer debt. Eric HELPS

[@SeniorLivingOrg]

Thanks for sharing.

[@Oceanaqua1]

I am 73 on social security. I bought home for around $26,000. Can credit card creditors put a lien against my home? I don’t have a car; can’t afford one. I do own my home. I have no other assets.

[@tomsut123]

Where can I write to to ask a question on a future problem? Thank You

[@SeniorLivingOrg]

Contact us at [e-mail]. You can call the HELPS Nonprofit Law Firm at 855-435-7787. Hope that helps.

[@Highflite20]

What about medical bills? I live in Florida and lots of hospitals are refusing surgery if you owe them money.

[@HELPSNonprofitLawFirm]

Yes medical bills also. Eric HELPS

[@ursulasmith6402]

Universal health care would have avoided that. Corporate is another word for poison. It poisons our society. So forget Reagans propaganda. He was an idiot!

[@liap1293]

Questions: Can they put a lien on your home? Can they take money in a savings account?

[@HELPSNonprofitLawFirm]

See the answer above on a savings account. Also judgment liens are discussed in the video and other videos with HELPS and Senior Living Eric HELPS

[@SeniorLivingOrg]

You can contact the HELPS Nonprofit Law Firm with legal questions at 855-435-7787.

[@monterreymxisfun3627]

I disagree about not showing up in court. Some proceedings can get you arrested for contempt if you don't show up. A better choice would be to show up and tell the judge that you don't understand any of this. I had a junk debt buyer go all the way to a jury trial. It was nothing scary even without a lawyer, follow the instructions given to you. There's always a chance that whomever is suing you doesn't show up.

[@SeniorLivingOrg]

Thanks for sharing your experiences.

[@HELPSNonprofitLawFirm]

Listen beginnng at 12;44 Have to listen to the whole video. Eric HELPS

[@richarduhde9624]

I don't think that's true where civil cases are involved.

[@kathy8590]

I was misinformed about the "beauty" of leasing solar from a company. I'm locked into monthly payments PLUS continued electric bills I was told would be eliminated by the solar energy. Not true! I'm 75 and stuck with this lease for 25 years. If I die it hits my estate as a debt. I will likely have trouble selling my home due to this encumbrance. What are my rights?

[@HELPSNonprofitLawFirm]

There are a few exceptions in several states, but a solar loan is normally not a lien on real property. The lender has what is called a UCC-1 filing, which is a lien ONLY on the solar panels and NOT the land. Lenders might lie to make you think it is a lien on the property, which it isn't. However, many title companies will not provide title insurance upon selling a home with a UCC-1 lien. It's a mystery to me why they do this, but many title companies take a very aggressive approach and don't want a new purchaser to sue them if the solar loan isn't paid and the solar panels are removed. If the solar loan isn't paid the lender cannot foreclose on your home- they don't have a lien on the real property. Their only remedy is to repossess the solar panels, which they never do because they have no real value as used, and then the removal cost. Also, the companies that installed the solar panels are long gone- they hoodwinked the buyer into thinking it was a good deal. Solar Lenders hope to intimidate people into paying when they don't have to pay- especially if you are a senior receiving protected income like Social Security. Thankfully a UCC lien expires by operation of law after five years. So after that time period, the expired UCC lien should not be a problem for a title company. Again there might be a few instances in certain states where the solar loan is a lien on the real property- but not normally. The government FHA backs 90% of these solar loans so the lenders were eager to make these loans knowing if the borrower defaulted they would get paid. This led to a bunch of solar panel salesmen essentially scamming people into solar loans many with false promises to earn a commission. So in your instance it is backed by a UCC lien, its not a lien on the property you dont' have to pay it and in five years you should not have a problem if not sooner selling the property. Eric HELPS

[@SeniorLivingOrg]

To contact the HELPS Nonprofit Law Firm, call 1-855-435-7787.

[@Voyleglover]

But what about money in a savings account? Isn’t that subject to being taken? I know of some instances where a senior’s savings account was used to pay a judgment

[@HELPSNonprofitLawFirm]

As explained your federal benefit like SS deposited into a bank account is protected up to twice the monthly sum automatically by the bank under a federal law in effect since 2012. This sum is protected regardless of the source of funds actually in the account. So if your SS is deposited into a checking account if you put it into a saving account it is not protected automatically and could be subject to garnishment. Even then, if the money in the savings account came from SS, a claim of exemption could be filed to have the money released. Eric HELPS

[@SeniorLivingOrg]

You can contact the HELPS Nonprofit Law Firm with legal questions at 855-435-7787.

[@timotb1]

Yeah, but what if I’m grossly negligent? Do you still wanna take my case?

[@HELPSNonprofitLawFirm]

HELPS doesn't make judgments about representing someone based on the reason they have debt. Doesn't matter- your income is protected we can help Eric HELPS

[@dominosteele7853]

Can’t we also get 1099 for debt that has been charged off. Now I owe taxes on that money.

[@HELPSNonprofitLawFirm]

Senior Living has videos discussing 1099 c and the many reasons why if you owe a tax you won't have to pay it Eric HELPS

[@Judith-iz7kw]

If the bill was 30 years old, can they get a judgment on it, 40 dollars was owed when I lost my job and my kids little, now kids in 40s when they did this,

[@SeniorLivingOrg]

You can contact the HELPS Nonprofit Law Firm with legal questions at 855-435-7787.

[@Once_in_a_Lifetime]

I heard if you get sued because you are responsible for injury, any judgment is not protected. Is that true?

[@HELPSNonprofitLawFirm]

If you mean you have a judgment because of an injury, for example an auto accident, no difference your income, Social Security and retirement is protected Eric HELPS

[@SeniorLivingOrg]

To contact the HELPS Nonprofit Law Firm, call 1-855-435-7787 or visit helpsishere.org.

[@JosephineBarrera-zg6ms]

My disability was garnished because, of my student loan.

[@HELPSNonprofitLawFirm]

Not presently there is a stay on garnishment of SSD for past due student loans. Eric HELPS

[@SeniorLivingOrg]

To contact the HELPS Nonprofit Law Firm, call 1-855-435-7787 or visit helpsishere.org.

[@SFsc616171]

First, as I have heard this done, find out if the litigant is a nogoodstinkingsovereigncitizenandifsoremovethemfromtheplanet.

[@JulieTobin-Ruszczyk]

What about billionaires that are seniors

[@SeniorLivingOrg]

I'm not a lawyer, but don't believe these legal protections apply to billionaires.

[@bobzeier3838]

If they can't sue my s s i how can the corporation like childsuport sue you and get a judgment and take your s.s.i to the tune of on average of 200.oo hundred dollars put you further behind

[@HELPSNonprofitLawFirm]

There are different forms of Social Security. SSI means Supplemental Social Security income. It is for persons who otherwise don't qualify to receive regular Social Security or Social Security Disability. The maximum SSI benefit this year is a little over $900. SSI is not funded by Social Security. It is more of a welfare benefit. And it CANNOT be garnished for past due child support Eric HELPS. Regular SS can be garnished for past-due child support.

[@geminiascension7018]

The parasites put a lien on my house. The lawsuit for unsecured credit card debt "bought" by a 3rd party collection company.

[@HELPSNonprofitLawFirm]

Often this won't be a problem. You can always contact HELPS and go over your situation. Eric HELPS

[@CindyKrohn-ju4qm]

may I ask what company did that?