Why Seniors Shouldn’t Worry about Debt Collectors

[@shirleykimberlin7447]

Thank you for every video you do to help seniors. Most people don't want to help seniors at all. Your videos are so helpful to so many. Thank you for your kindness in helping those of us who have no family and need information like this to help live out our life with some dignity .

[@weldonmcmillan5732]

Very limited and guarded advise. How about $1000.00 per violation per call and or per letter. After they are advised to leave you alone verbally or by even a hand written response letter to stop calling or writing

[@tikitavi7120]

Just knowing the Helps service is available has a calming effect.

[@bentnickel7487]

Watching your channel gives me a feeling of like someone is "on my side". I don't owe anyone, but I've learned some things that help me sleep at night. Thank you for that.

[@lenacarrillo2430]

The information provided in your videos really settled my mind. As a senior I was worried, but not anymore. Thanks

[@vanessahightower-corbett4699]

HELPS! Thank you for providing this senior pertinent info. It helps me help my 93 year old mother.

[@Elle-ws5lm]

@ Marlene - There is HUD for seniors age 62 and up. There are other housing options. I know someone who is living in a HUD apartment facility. It is very nice. Within the past 8 months HUD put down brand new wood plank floors. Painted the halls ( there are 3 levels and 75 apartments) , a soft, sandalwood brown, including all the doors to the apartments, and did the trim around the doors and on other areas in white. - Right now, this HUD facility has received approval to replace all its washers and dryers. - As far as owning a car, it can be done. There is more than one way to skin a cat. - I am so Grateful I found this gentleman and this channel.

[@ericolsen2141]

Section 8 HUD housing is a great option for many lower-income seniors. I believe Senior Living will be doing a video on this shortly Eric HELPS Nonprofit Law Firm

[@shielanunn3484]

That's my problem a Car..old one trans shot accessories falling off ran it into the ground..Don't have Income or ability to GET financed

[@elizabethashton9590]

Try getting a HUD voucher or onto a HUD waiting list. THEY HAVE BEEN CLOSED FOR YEARS, 3 AND 4 YEARS IN MANY STATES. SO NO SECTION 8 IS not A GREAT OPTION FOR MANY LOWER INCOME SENIORS.

[@joely83able]

absolutely terrific info. didn't we already pay our dues working for years ? yes

[@PattisArtInnaVan]

This is SUCH good information to have! I have been worrying myself sick over a problem with a debt collector and I have a feeling that I will be calling in the near future. You have taken such a huge weight off of me, thank you from the bottom of my heart!

[@chantalsslippersondeedeesf4853]

@Patti Crane, please call HELPS, you will not regret it. I've been a client for over a year. Like you, I worry 24/7!!

[@PattisArtInnaVan]

@@chantalsslippersondeedeesf4853 thank you Katrina I absolutely plan on it!! Awesome to know someone is on the side of us seniors!!

[@White-ms9uo]

I have to call. Was served a summons today from debt collector from old credit card. They attached the old cr cd bill from 2018.... Scared :-( On ssi and edd. And I'm making mo.pmts to irs on the edd money. Worried if they can take my car. Help Mr Olsen!!

[@gisellebarrow9672]

I am sooooo thankful for this information!!!

[@erikpoppke8689]

Greetings Erik: Thank you for you concern and help. I'm 83 and living on SSi ($1200 per month). I'm not mentioning the State as not to open a can of worms. I drove a school bus full time for a large school district and near the end of the ten years I helped a friend who was a dispatcher by occasionally covering a route for her in another district in the metropolitan area of the city. When Covid hit, my district shut down and I filed and received unemployment for the alloted time period. My case was called for review by the State Workforce dept and assigned a "Judge Advocate" and my case was held virtually by phone with all parties. The advocate based the case on the accasional driving at the metropolitan district. When He first came on line I advised him I worked and filed for unemployment with the main district with whitch I had been driving for ten years. His response was quite startling: he shouted out "no no you can't mention your main district, this is about the metropolitn district". My case was denied, i was back charged $ 8,000. dollars and a court garnishment was filed. No attempt has been made to collect as of yet (one and a half years) however the court order remains hanging over my head. By the time Covid passed, due to health issues and the safety of the children I opted not to return to driving and now live or try to live on my SSi. I would appreciate your advice and or help. Thank You. Erik Poppke

[@HELPSLawGroup]

They can't collect so no worries. You can call HELPS with questions Eric HELPS

[@dechinta]

I had a creditor call me at 3am one time. It was during Covid and I suppose they thought if they were working from home, they could call whenever and this poor, disabled senior would be so dead to the world that she would just spout off her banking info and tell them to take the full amount. Only this poor disabled senior is not stupid, so they didn't get my banking info which didn't have any money in it anyway. The only thing I do regret about the situation was that I was asleep when they called and after hanging up on them, I was so incensed that I deleted and blocked the call. LATER, I wished I had gotten all the information about who it was who called, recorded the conversation and let someone know that this company had called me at 3am on a weekend night. And I have heard they can't call seniors on Sundays, but they most certainly do.

[@janieg8287]

If you get behind on your debts you might not have to pay them, but it ruins your credit and makes it almost impossible to get an apartment or a car.

[@ericolsen2141]

Not exactly the case. HELPS furnishes a letter to any senior called a landlord letter that explains to a prospective landlord that the senior may have negative credit entries but all their income is protected and available to pay rent. Cars are readily available, almost regardless of credit, however many lower-income seniors simply cannot afford a car payment. There are means to get decent transportation for minimal cash. Remember we are talking about many seniors who have to choose between being able to buy the medicine and food they need or keep up on the past credit card debt. Eric HELPS Nonprofit Law Firm

[@anniesshenanigans3815]

@@ericolsen2141 well if I were a landlord, I would look really closely at someone that is on SS and running from debt. Was it because of medical debt? or just consumer debt that they may end up doing the same thing with their rent? Bad habits follow people wherever they go, and a Senior surely isn't going to change overnight if they have gambling issues or poor spending habits. So what does the HELPS do in order to show that this is something that is not the seniors fault? So before anyone starts assassinating me for my question, I have a friend that is 65, makes almost 100K a year, and is filing bankruptcy because she has a gambling habit that is totally out of control, and probably will continue even after the bankruptcy. It's really the only reason she is still working that high paying job instead of retiring. Does this organization check this sort of thing out??

[@ericolsen2141]

@@anniesshenanigans3815 Good questions HELP doesn't "check people out." And after over 40 years helping people with financial problems and nearly 50,000 bankruptcies I have learned that financial problems are far more often not the result of "bad habits, but the vicissitudes of life. However, HELPS will provide any senior who requests what we call a "landlord letter." That letter tells a prospective landlord that the senior's income, Social Security, pension, disability, Va benefits are protected by federal law, can't be garnished, and available to pay rent. Landlords are rightly concerned that a person's income could be garnished and they would not have the money to pay rent. While this is true for younger persons who are employed for wages it is not the same for seniors with protected retirement income. Many landlords, like many seniors, have no idea that this income is protected. A senior applying for rent can show this letter to a prospective landlord before making an application and paying an application fee. The landlord or person handling the application could read it and realize that the seniors income will be available for rent despite negative credit entries. This can save the senior an application fee where corporate policies have no exceptions. Our experience is this letter has a dramatic effect on the likelihood of a senior to be approved for housing. Seniors are often the best tenant a landlord could have. We also enclose a letter with tips on how to apply for housing. Eric HELPS Nonprofit Law Firm

[@montanateri6889]

@@anniesshenanigans3815 You've misunderstood. its not just "seniors" its a senior or a person on SSD, SSI, or social securtiy pension. Other pensions are exempt from bill collectors to, although a voluntary 401k account I don't know anything about. The person you're talking about is not exempt from debt collection as they are not retired or on a pension. As for the bankruptcy, a judge will look at the income generated or what you can earn and may change the bankruptcy to a reorganization where they have to pay xx amount each month on the debt total (to the court). Also, if they are making 100 tho a year, all property has requirements in a bankruptcy. Personal property, vehicles, houses, boats, all have limits of equity you're allowed to keep -- if its over that limit, you have to sell it. If you're paying a house mortage of $10,000 a month, hey, tough, you have to sell it as you can't afford that payemnt if you say you're broke. Look up limits on personal property if filing bankruptcy.

[@anniesshenanigans3815]

@@montanateri6889 you missed my point. I said that someone with these habits do not change them after bankruptcy. And after retiring and quitting that high paying job the habits do not end.

[@darykinnaman2319]

I am a senior who hasn't been able to supplement my income during this crisis. I have been using my credit and making every payment on time. I have been using my savings and trying to get a reconsolidation loan. Because my credit usage was so high (around $16,000), the credit reporting agencies dropped my credit score to 550. I have been turned down time after time, and I have tried in earnest. They literally force you into a corner, had I gotten the loan I might have been able to manage my debt. I can't take it anymore. Thank you for the video, I now know what to do!

[@SeniorLivingOrg]

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

[@HELPSLawGroup]

@@idabennett8470 I believe you have talked with HELPS before and we have gone over this with you. There are reasons why a persons with protected income would choose to file a chapter 13. For example to stop a foreclosure and cure a missed mortgage payment. Eric HELPS

[@johndanielson4481]

Disabled Senior sued for illegal debt by uop. Social security checks garnished - senior became homeless. In the usa. :(

[@analeelangbauer4806]

I’m filing for chapter 7 because I didn’t want to go through their calls and harassment . I’m 75 and too old to go through that

[@ericolsen2141]

You can certainly do that. Before starting HELPS I filed over 40,000 bankruptcies. Filing a bankruptcy for many seniors is like using a sledge hammer to kill a knat. Sure it works but there are far easier ways. And frankly unnecessary. Eric HELPS Nonprofit Law Firm

[@chantalsslippersondeedeesf4853]

@!Analee Langbauer,I may decide to do this too... I'm am way beyond stressed and don't need it. I'm to old to be stressed by Debt Collectors and now Law suits that are going to be filed soon! Can't live this way.. It's easier said than done when a person tells you, "Seniors don't have to worry" As soon as I get a collection letter, I start to panic! It's just to much to deal with for 6 years!

[@anniesshenanigans3815]

filing bankruptcy is far more trouble than ignoring calls and letter. just my opinion.

[@chantalsslippersondeedeesf4853]

@@anniesshenanigans3815 This is true!!

[@lorisharpe5404]

I don't want any of them know what to 4

[@eb1266]

This is such important info for seniors, I worry about my mom. I will let her know

[@SeniorLivingOrg]

We are glad to help.

[@ninjakris3004]

Thank you both for sharing your time and knowledge

[@SeniorLivingOrg]

Our pleasure! Glad we could help!

[@MarisolHernandez-bh1su]

Thank you so you information help so much what a refith 😢God bless you

[@whatshislips8435]

I stumbled across your site and found it to be most informative. In fact I feel like, serious serendipity. (Yells loudly "Kunta Kinte Ive found you !!!) Ahem... senior here.

[@SeniorLivingOrg]

You are in good company. Please share us with your friends.

[@SuperThunder911]

Awesome video,thank you very much 👍

[@SeniorLivingOrg]

Please share the channel with your friends and family.

[@MrSpinteractive]

Thank You both soo much!

[@cherylmcnutt9905]

Thank you so much for this information!

[@SeniorLivingOrg]

You are welcome. Please share the channel with your friends.

[@lkreinmiller-author]

Thank you.

[@aeiv5754]

What about IRS debt for back taxes? Do these same rules apply? What if I have passive income from a farm , is that protected too?

[@HELPSLawGroup]

Many seniors can qualify for non-collectible now status with the IRS and pay 0 for past due taxes. Senior Living has a video on this topic. What other forms of income depend on state law, but rents from a farm would be unlikely but then a creditor would have to have a judgment and know about the income in order to garnish it which would be highly unlikely Eric HELPS

[@sinebar]

Doubt it. IRS has super powers. They can walk through walls and travel time.

[@garyjinontariony]

I have just started 1st mistake. On me, started a 64 so had to pay back 6k to ssi from working longer then August time limit money I can earn was past smoker 2115 quit them vaped to ween me off nicotine, work was charging me for being past smoker then christmas fellow employee at Harris corporation so I quit January 2020 I fired them, , could not collect unemployment so live on ssi 12k a year. School loan is last payout to get rid of credit cards are gone, is still gonna be hard have no home, am with brother, going to buy a used van and am going camping, thanks for working 40 yrs. God Bless

[@DougHinVA]

this post is not understandable in plain English ...

[@MsGemini321]

In UK debts are not owed to Debt collectors ..there is usually an added amount . Therefore it has nothibg to do with debt collectors ..you dont owe them anything at all ..as not the original debt .. Great video

[@The_Temple]

this ought to apply for people receiving SSDI/SSI as well, not just seniors per se

[@HELPSLawGroup]

It does all forms of SS income are protected regardless of a persons age.

[@MrsZzz-tf5hq]

It does. If you get ssI or Ssdi no matter your age they can’t touch you.

[@The_Temple]

@@HELPSLawGroup my point exactly, counselor and @Mrs. Zzz not only seniors receive social security & equally able to protect that revenue stream

[@johndanielson4481]

Not student debt from uop.

[@vivianmckeithan7487]

Thank you for all of this information 🙏🙏❤️

[@SeniorLivingOrg]

You're very welcome.

[@haroldtanksley7553]

Your intel is awesome 👍

[@SeniorLivingOrg]

Thank you! Please share the channel with your friends.

[@jamespha9896]

thank you very helpful info.

[@SeniorLivingOrg]

You are very welcome. Please share the channel with your friends.

[@jamespha9896]

thank you i will

[@clydeb7713]

Careful. A written off debt will be reported to the IRS by the creditor and you'll get a 1099C. You must report this as income and taxes might be owed. If you have little assets you can file a form to claim insolvency. If your debts exceed your assets the difference becomes the taxable amount you are liable for If entering this net amount is within your standard deduction you may not owe any tax

[@HELPSLawGroup]

A 1099c will likely have zero impact on a lower-income or poor senior for a gazillion other reasons. As a practical matter many seniors are not even required to file taxes and if they do owe taxes they can get on currently not collectible status. Eric HELPS

[@clydeb7713]

@@HELPSLawGroup If you have $50k in credit card debt and they write off, the IRS considers that income that must be reported!

[@HELPSLawGroup]

Yes but if the senior is insolvent meaning their debt exceeds assets they can file form 982 and not owe any taxes. Note what is discussed here is the situation for lower-income seniors. Speaking from over four decades as an attorney practicing in this area. Eric HELPS @@clydeb7713

[@danluzurriaga6035]

"It's protected", you can't get it, right? ANS: Yes and no. LOL

[@aniea5664]

Everything he says they can't do they do. What I did is send them a cease and desist letter. They stopped bothering me. I didn't pay any debt collections. Let it drop off of your credit report. You can dispute all collections too. I don't answer any phone call I don't know.

[@ericolsen2141]

I think this is exactly what i said can be done. :)

[@chantalsslippersondeedeesf4853]

@Anie A Exactly.. As soon as I joined Helps the cease and desist letter was sent to the creditors and all the calls stopped, but now they are beginning to file the judgments. I will put it in Helps hands. I'm refuse to get sick over it. I don't answer any calls that are NOT in my contacts. They come in as "silent" and goes right to my voice mail, but of course debt collectors never leave a message!!

[@missycalhoun6319]

Has anything happened over the court cases? ​@@chantalsslippersondeedeesf4853

[@mikestephenson4811]

Awesome information ty

[@SeniorLivingOrg]

Glad it was helpful!

[@stanleylucas7729]

If a senior has a 401k is it in jeprody of garnishment by a collection agency?

[@danluzurriaga6035]

"Bitcoin? I havent't heard that happening". "But it does happen". LOL

[@judyhalsell9510]

Had a debt collector take me to court. The judge went with the collector now I have them sending me paperwork to fill out. NO I am not doing it.I am 76 and on SS and the debt was for dentures that never fit.

[@bjoy1030]

I went to the website on many browsers it says site not available? Could you direct me please? Thank you

[@bobdonovan4505]

thank you

[@dondayton8699]

What about garnishments?

[@ericolsen2141]

There are other videos on Senior Living that explain how seniors income is protected from garnishment in detail. Eric Olsen Executive Director HELPS Nonprofit Law Firm

[@ristinechapman9936]

Where can I get these Laws in legal forms.? Thanks

[@rayhaskins4886]

I got lawers breathing down my neck. Always sending court papers. Differet judges but no coutr date. Almost started to give them $5.oo A month to quiet them. Only one agency. I see that they have been sued for harrassment. Their name is LVNV Funding LLC. Thank you for your info.

[@marklansaw1261]

i really appreciate this site

[@SeniorLivingOrg]

Thank you. We appreciate you as well!

[@chrisberner4625]

Yes. Senior's income is protected to a certain amount. Then what happens when the senior gets served to report to a pretrial mediation? If the senior does not show up to this pretrial mediation hearing the collector's lawyers will obtain a judgment including all court fees and costs. In this Judgment the lawyers can levy your bank accounts. This you can not stop. What do seniors do now?

[@MysticManifesting]

Consider that, for example, credit card companies zero out accounts at 180 days, then there is no debt. Is the debt collector truly collecting on behalf of the bank? Or did they just buy the debt at a discount hoping to cash in? I asked a debt collector to verify my debt, and all he sent me were copies of my statements. No call reports. Total scam.

[@susiebaker87]

Im being Sued, but they never could Verify my Wet Signature! This Debit was in Calif and Im now living in Washington state. Im 76 yrs Old.Have a Court date in June.

[@SeniorLivingOrg]

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

[@judyhalsell9510]

Me too 76 and going to court.

[@susiebaker87]

@@judyhalsell9510 mine got changed to Nov 7th.

[@ellejulianne2815]

Please advise on how to become a member of this HELPS organization. Thank you.

[@chantalsslippersondeedeesf4853]

Just goggle Helps..

[@markruhlen4141]

I requested validation, they sent a copy of original contract. How do I ask them to show proof that they own the debt? Should I write to them, tell them I am retired and on social security?

[@HELPSLawGroup]

HELPS doesn't get involved in defense of lawsuits or debt claims. There should be plenty of websites discussing this. Eric HELPS

[@mariabell]

I have two summons and I responded and they sent me the same papers back. What should I do?

[@andreahughes6288]

Could you do a video on burial insurance for seniors as many of us worry about leaving our families with burial expenses which are not cheap. I've taken out a burial insurance policy and I'm wondering if that was a good idea or not, I dont want to leave my only child, which is my daughter and her husband with my burial expenses. I found an excellent policy for $39.00 a month.

[@ericolsen2141]

Good idea. HELPS has information on this topic with options persons overlook. It might be down the road a bit but you are right this would be an extremely helpful topic for seniors and I will suggest a video on this to Jeff Eric Olsen Executive Director HELPS Nonprofit Law Firm.

[@chantalsslippersondeedeesf4853]

@Andrea Hughes, do they base the amount you pay on you're age?

[@ellejulianne2815]

@Andrea Hughes... you brought up an interesting topic madame. I would be interested to see a reasonable answer to this inquiry.

[@omikredarhcs8221]

@@ellejulianne2815 Neptune Society, I'm gonna get cremated, no need to waste money on funereal expenses.

[@Jimfromearthoo7]

@@omikredarhcs8221 does cremation hurt?

[@MrsEJV]

Could you clarify “don’t pay them a dollar”? I’m willing to pay back as much as I can but I was supposed to pay half a debt but got stuck with the whole thing and I can’t swing it.

[@maemorgan5837]

18:14 18:15 great job breaking it down and you made this 65 year old broad from Arkansas feel better.

[@acynd2]

I’m on SSD 63 on disability with 2 liver transplants and they garnished me for 6 no and turned it over to collections for a student loan.

[@ericolsen2141]

The video points out at the beginning that it applies to certain types of debt- consumer debt. It is possible for 15% of Social Security to be offset for past due student loans. However many lower-income seniors would qualify for an income-based repayment plan and be required to pay 0 dollars per month for past due student loans. SeniorLiving has a new video on this. I suspect the vast majority of seniors who are having their Social Security offset for a past due student loan would qualify for an income-based repayment plan and pay nothing. However they don’t know about that option or how to do it. In fact if you are on SSD you can probably have the SL easily discharged. Eric Olsen Executive Director HELPS Nonprofit Law Firm

[@mbrights3158]

@@ericolsen2141 Hello, my understanding is one pays a percentage of their income on an income based repayment plan. would you mind briefly explaining what you mean that a senior could pay zero on an income based repayment plan? I also have never heard that student loan debt can be discharged if you are a senior on social security. I am new to learning about this. I am going to have to start figuring out my options because I have to start paying on a large student loan in about 9 months and am extremely worried. Thank you so much.

[@grannylearns9156]

Many people think student loans are never forgivable. But (Federal student loans) they are in certain cases. Illness that doesn't allow you to work is one of these reasons. You need to apply for that particular program. Once accepted into the program it is a three year program where you send in papers regarding your status once a year. If you are still in the same situation, your loan is permanently forgiven. Good luck with your debt and your health.

[@johndanielson4481]

NO! THE HEARTLESS STUDENT LOAN CO will garnish ss checks! And ss will let them! AND IF YOU ARE FORTUNATE TO OWN A CAR..... YOU WILL BE LIVING OUT OF YOUR CAR. UNLESS YOU GET A JOB. BEEN THERE DONE THAT.

[@johndanielson4481]

😟...yes. That's them!

[@lindawelch1724]

GM I have a question. What is the proper way to get these broadband AT&T from charging me way to much money. I left the AT&T service for Exfinty and AT&T charge me saying I had a bill. I know I didn't have a bill. What can I do? The time that they say I owe is wrong because I change to Exfinity. They sent no bill they just sent my name to collections. Is there something I could do? AT&T just picked a number. Please help me if you can.

[@SeniorLivingOrg]

Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787

[@andreahughes6288]

The only problem is if you don't file bankruptcy you can't ever rebuild your credit rating.

[@ericolsen2141]

The information on this video is oriented primarily towards seniors with lower- income, even poor seniors. You could have a perfect credit rating but if your income isn't sufficient to pay a loan it would not do you any good. Good credit is not a panacea. If you don't have sufficient income legitimate lenders would not consider a loan. Seniors often are not interested in incurring more debt. Additionally, the cost to file bankruptcy, often between $1500-$2000 or more is way beyond being affordable for many seniors. Before founding HELPS I probably filed over 40,000 bankruptcies so I understand the importance of bankruptcy as an option. However, bankruptcy for seniors is probably more often unnecessary and even a bad idea. for many reasons. And yes there are always exceptions. I believe Senior Living has a video that talks about seniors and bankruptcy that goes over this issue in more detail. Eric Olsen Executive Director HELPS Nonprofit Law Firm

[@omikredarhcs8221]

Not true, I have this book, Debt Cures :"they" don't want you to know about, by Kevin Trudeau saved me time and hassle.

[@andreahughes6288]

@@ericolsen2141 I've filed bankruptcy before and I was able to make small payments to my attorney till it was paid off but your right a lot of seniors can't afford to file bankruptcy. Also a lot of attorneys want half down and the remainder paid before they file your bankrutcy and most seniors dont have half down, because half down is a lot of money to come up with when your on a fixed income, but rebuilding your credit is good to do if you can manage to do that because you can't get approved to get utilities turned on, get a phone in case of emergencies, a car loan to get to the doctor or buy groceries etc, or rent a home or an apartment unless you have good credit which are all necessities of life for most seniors. It's sometimes a catch 22 in some cases.

[@shielanunn3484]

AT 81 tears don't care about a credit rating...not planning on buying any high dollar purchases

[@rickhoyte4611]

At WHAT AGE is one considered a "Senior Citizen"? Is it 55, 60, 65, what? Different companies say one thing, another will tell you another. What is the LEGAL age?

[@ericolsen2141]

Actually the law we are talking about apply to persons of any age receiving Social Security, retirement or other protected income Eric HELPS Nonprofit Law Firm

[@bonniej0]

To get guess what 22 years ago the loan was 115 and they're still saying I own 90 which is ridiculous The only time I took off was since September 2020 until September 23 I've been paying it on time I never even fell behind when they discharged it and also they put that my house was $58,000 exempt in my bankruptcy according to the homestead and act and everything I guess I don't know doesn't that mean that they should have taken 58,000 off of it when I started kept paying after the bankruptcy? That it should be exempt?

[@hoosierbaddy3052]

Most credit card companies do not have the staff or business model to engage in a long term credit card collection process. That’s why those debts are turned over to collection companies. They’ve already written off the debt. A debt collection agency receives between 25-50% of the debt amount. Credit card debt doesn’t go away after 7 years either. Declaring bankruptcy could be prudent for large debts. The student loans cannot be dismissed. Don’t feel bad about owing credit card companies. They make tons more money than they lose. But, it is a personal responsibility to pay your debts. The interest rate makes it near impossible to pay off the principle. I block phone numbers that are apparently looking to get paid. Toss collection agency letters into the recycle bin.

[@thisbabyboomer]

If a senior 68 on social security has credit card debt that is 12 yrs. old, can the Credit Union that holds the debt keep the 2021 stimulus check from them?

[@ericolsen2141]

I am confused. Why would someone bank with a CU where they have a debt that is 12 years old? CU's normally terminate members who owe them money so this doesn't make any sense. Eric Olsen Executive Director HELPS Nonprofit Law Firm also you can read one of the recent responses regarding the stimulus in this string.

[@montanateri6889]

The stimulus can be taken by debt collectors. The way to protect that is if its automatically depostied, take it out of the bank the same day it hits. Do NOT leave it in the bank. I understand the prior stimulus had a protection on that, but not this new stimulus, they negelected to put that in the bill. Stop paying that credit card debt -- but do it after you have the stimulus in cash in your hand.

[@lauras9771]

@@montanateri6889 if I transfer it to a savings account is it safe?

[@omikredarhcs8221]

Are you in collections? Look up statute of limitations for credit card debt in your state.

[@lindaroman3560]

@@lauras9771 no!!! take it out Mine was confiscated and I had to go before a judge to get it back. ( this applies to SS income only)

[@anthonyvaldez6872]

Wjhat about state (NM) claiming overpayment and wanting you to repay unemployment benefits

[@SeniorLivingOrg]

Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787

[@aldotruden3057]

What happens if a senior citizen collecting Social Security and as a part-time job. Would that make a difference on paying the debt?

[@HELPSLawGroup]

Should not change anything. Federal law protects $217.50 net per week in wages in every state and some states have wage protections much higher and a few don't even permit garnishment of wages. On top of that a senior would have to be sued which could be unlikely and the judgment creditor would have to know where a senior is working. So all in all unlikely for many reasons that a part time job with Social Security will change anything. Your income is protected. Eric HELPS

[@AngelaSmith-sx1dw]

What about personal things maybe antiques that was giving to you. What about collections etc can they get what they want to settle debt owed. ???

[@HELPSLawGroup]

It is not the practice of consumer judgment creditors to go after a person's personal property. It just doesn't happen for a lot of reasons. Eric HELPS

[@jesserodriguez2769]

What about doctors n hospital bill.

[@bethang4452]

I am represented by Lpg law group . & sign a stipulation to pay my debt from a collector agency , but still I cannot pay for hardship reason. Can they continue to go on wd the case ? I am 67 yrs. On 254 ss security from my husband .

[@tomgarcia1354]

At age 61 a lien was placed on my property's title for child support. Is this legal since I don't who,why and I never lived in that county. What should I do? So when I pass away can they collect the amount if the property is sold?

[@HELPSLawGroup]

There are state laws that provide that a lien can be placed on property records for past-due child support owed. The lien will show the "who" and the why is obvious. And if there is a lien then the debt will be an encumbrance on the property if sold and at death. The lien will prevent a clear title until paid or satisfied. Of course, if the lien is invalid it can be challenged. Eric HELPS

[@tomgarcia1354]

@@HELPSLawGroup thank you Eric. If my DNA is on file with calif. Can the state use that to match paternity. Do you think my best option is to challenge. I have challenged before and proven that I was not the father.

[@scottdavis687]

Wonder if a senior joined a debt relief program? Should they get out of it since the income is protected?

[@HELPSLawGroup]

'With few exceptions, debt relief programs will not tell a senior that their income is protected and their services aren't necessary. Instead many seniors are put in utter poverty making a payment to a debt management or settlement company they don't need to make. Eric HELPS Nonprofit Law Firm

[@chantalsslippersondeedeesf4853]

@Scott Davis, I initially started that route over a year ago. The Company wanted 600.00 a month, their was no way I could afford this so I just said thank you and hung up. About 15 mins later, the first guy I talked to explained my situation to his Manager, is when I got the call back from the Manager who gave me Helps to call.. Like Eric says, NO they will not tell you this! I guess I was blessed to have been given Helps to call! I have been a client for almost a year and a half!

[@ericolsen2141]

@@chantalsslippersondeedeesf4853 Wow that was nice to hear. Eric HELPS

[@chantalsslippersondeedeesf4853]

@@ericolsen2141 YES, because I would of NEVER known y'all existed! I am great full I was referred to Helps!

[@lindaengstrom893]

They took from my social security $144, financially it killed me. I'm living on food pantries. Eating foods not good for me.

[@HELPSLawGroup]

If you mean "they" is the IRS or Student Loans Senior Living has two new videos on how a setoff of SS can be prevented or stopped. Eric HELPS

[@HELPSLawGroup]

@@SSsmith24 Actually state tax collector cannot take your SS. IRS can do a set off of 15% after 60 day notice but many lower-income seniors can receive currently not collectible status and not be required to pay the IRS.

[@HELPSLawGroup]

Who is "they?"

[@Soccox]

Another question: can a debt collector start garnishing a checking account if the account has 2 times the amount of a social security payment? Ex: if I’m getting $2000 a month from social security, and if I have $4000 in a checking account, it sounds to me he’s saying this could be garnished

[@HELPSLawGroup]

Twice the amount is protected. So $4000 in your example is safe. Listen to the video again. Eric HELPS

[@4freethinking]

If they sue you will you be forced to go to court to face a judge. Are they able to harass you by requiring you to repeatedly go to a hearing?

[@allenb4759]

You don't have to go to court. If they get a judgement they can't get blood out of a turnip. Just ignore their communications.

[@montanateri6889]

Doesn't matter. If your on a pension or SSD or SSI, then ignore the law suit. They'll send you a letter saying they now have "right' to attach your checking account. If you checking account ONLY has SS money incoming, the bank, by law, has to refuse the debt collectors request for payment. Keep in mind that that is only for pension money! Any extra money could be attached and taken -- including a cash deposit that you made. If your stimulus gets auto deposted -- take it OUT the same day. I've heard they can't take it, but I will not leave mine in the bank as if they take it "error' of the law, how do you fight it?

[@chantalsslippersondeedeesf4853]

@@allenb4759 One of my good friends had a credit card debt from 2007 not on SS,, SSI, SSDI, she didn't pay it, she was sent a judgment, never showed up, and just recently, she checked her Court Records and theirs a warrant, which means, if she ever gets stopped for a traffic violation, she will be arrested.. The warrant stays there and never goes away from what I was told unless she gets a Lawyer to remove it. I don't know the truth to this. Maybe Eric can answer this question. The last thing anyone needs is to not show up, have a warrant sitting there for years. You're thoughts,Eric?

[@allenb4759]

@@chantalsslippersondeedeesf4853 If she's got a warrant she's broken a law somewhere. Police don't arrest people for civil matters (like a judgement). Next you'll tell me we now have debtor's prisons and indentured servants..SMH

[@chantalsslippersondeedeesf4853]

@@allenb4759 Wrong, I saw the Court Records and it clearly says it.I didn't say the police are seeking to arrest her for no reason, what I said was, if she is stopped for a traffic violaton,then they can. They aren't just going to arrest her or anyone for no reason, and theirs NO breaking of the Law.If I could prove it to you I would, but, obviously, I cannot!You don't have to be so snarky with you're comments.Be kind. I was NOT rude to anyone with the comment I made

[@heavensentknits7284]

What about the debt collector reporting to the credit bureaus.

[@HELPSLawGroup]

There are certain restrictions but it is legal

[@mystikskye]

I had a discover card that went into debt collections and I actually was sued and had to go before a judge, by phone cuz of Covid. Discover had me so scared that I had agreed to pay and told the judge what we had agreed to. This was before I knew my rights and that my SSI income was protected. I had been paying monthly until my lot rent increased to almost what my ssi check was. I told discover that that fact and that I have electric to pay etc but should I tell them that I know my rights now and that and that I shouldn’t of agreed to payment in the first place or should I just let it be? At the hearing at the very end the judge said he didn’t want to see me again if I didn’t pay. I wish I had of spoken up then and said the only income I got was SSI but I was a complete mess during the call and I was lucky to even remember my name. When I was reading up on things afterwards that yes while they can sue you and win but they can’t ever collect if you receive any type of income that can’t be touched and really you don’t even have to acknowledge the fact you’re being sued. Is that true? What about any income that you get like if you sell something, can that be taken? Sometimes I have puppies to sell and I’m assuming if I put that money in my bank that money can be taken? Is there a way to protect that money?

[@stevefenwick8299]

Don't put your extra money in the bank... Problem solved...

[@mystikskye]

@@stevefenwick8299 what extra money?! But every once in awhile I do have additional funds where from now on I won’t be depositing that in my bank. I have other options.

[@chantalsslippersondeedeesf4853]

I posted a comment, not showing up, yet, so I hope this isn't a duplicate. Eric, you mentioned to validate the debt. I am a client of helps and have been for over a year. I have got a couple of letters from the collector and turned them over to helps.. I asked this same question when I called your office about validating the debt and I was told I did not have to do this?? Why was I told not too when your saying we should? I am a bit concerned I was given the wrong info. Please advise so I can straighten this out, although it's to late now as the time has passed. It's stressful enough going through this I don't want to have any more issues about validating any future debts I am 67 years old, on RRB benefits and have a pension that's it. I have NO assets at all, not even a car! I am great full that I was referred to Helps over a year ago. Please answer this question.. Thanks in advance

[@HELPSLawGroup]

You don't have to "validate" a debt. You would only do that if you were contacted by a collector about a debt you knew nothing about. And for whatever reason, you wanted to know if the debt was legitimate. I also said you didn't need to do that but perhaps that was edited out, With seniors or disabled with protected income the point is your income is safe - you could owe money to whomever it doesn't matter. So if a collector says you owe a debt you don't know about you don't need to have them tell you where it's from which is essentially what validation means, since you don't have to pay it, it doesn't matter,. Eric HELPS Nonprofit Law Firm

[@chantalsslippersondeedeesf4853]

@@HELPSLawGroup Thanks so much for you're reply!!

[@collectmorewithpartners]

Most debt collection agencies don't typically sue seniors, Military, Native Americans, or disabled people. You are correct, they have special protections. It's like any other business, cost/benefit and a little something extra; risks. They will attempt to collect but suit rarely happens. Most seniors, Military, Native Americans, and disabled people can or want to pay their debts so debt collection agencies will attempt to find a solution that works for them.

[@HELPSLawGroup]

Please tell me you are not serious? Eric Olsen HELPS

[@lernen.ohne.angst.official2737]

@@HELPSLawGroup They are correct. The guy in the video basically says the same thing. I've been in the debt recovery industry since 1985. Debt Collection agencies will ask but they don't usually sue the people he listed. If they do sue, they will rarely get a dime. So, I think they ARE serious. 😅

[@HELPSLawGroup]

@@lernen.ohne.angst.official2737 HELPS assists tens of thousands of seniors nationwide. Many get sued. At least 10-15% or more are sued for an old debt. I am the "guy" in the video. It is true that most don't get sued. But I would never say that is is rare. Eric HELPS

[@gettingthewordoutujudge3675]

The irs can they garnish social security check

[@alfordlewis1362]

Do l have to answer subpoena civil superior court for credit card ?

[@SeniorLivingOrg]

Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787

[@johntracy72]

Wages cannot be garnished for consumer debt in Texas. Only child support, defaulted student loans and back taxes can be garnished in Texas. That credit card or title loan can't be.

[@SeniorLivingOrg]

Thanks for sharing with the channel.

[@Soccox]

Is this information still applicable today, two years later. Here is my question: can social security income be garnished for a credit delinquent account, and thank you for any replies

[@SeniorLivingOrg]

Yes, the laws still apply. Thanks for watching!

[@newyorkhardcore3353]

But if you have direct deposit then the income isn’t protected after it reaches a bank

[@HELPSLawGroup]

Actually not true but you are not alone not knowing this law. Federal rules in effect since 2012 protect twice the amount of SS or other federal benefits deposited in a bank account regardless of the actual source of funds in the account at the time of garnishment. Even bank managers don't understand this rule. However the department in the bank that handles garnishment know this rule. I would bet 999 out of a 1000 attorneys don't konw this rule. This is explained in detail in other Senior Living videos with HELPS Eric HELPS

[@newyorkhardcore3353]

@@HELPSLawGroup after watching more videos I saw that

[@robertrodriguez6015]

Question??? What should i do If I'm on ssdi and get served by a sheriff to spear in court for a part medical bill...

[@HELPSLawGroup]

listen to this kzbin.info/www/bejne/Z5q6dZh3rs9-q6M

[@tylerstrong4370]

Basically. You can't squeeze blood from a stone.

[@SeniorLivingOrg]

Agreed.

[@johns4699]

My wife and I are 69 years old we have medicare and Blue Cross Blue Shield secondary insurance. My wife got a call from a debt collector from a hospital from 2016 looking for $1000 payment if anything my insurance company would have paid it and only have a small deductible, and I know in the state of Florida a medical debt cannot be collected after five years, this debt collector keeps calling my wife. I told her to hang up on him. What else can I do?

[@SeniorLivingOrg]

I'm not a lawyer, so this isn't legal advice, but you have options including asking for written evidence of the debt and sending a cease and desist letter. You can contact the HELPS Nonprofit Law Firm at 1-855-435-7787 or visit helpsishere.org.

[@jeffcarter407]

What about the 1400 stimulus check??? Can someone take that?

[@aniea5664]

No

[@allenb4759]

I got a letter that said the IRS can't take it even if you owe unpaid taxes and it is tax exempt.

[@ericolsen2141]

A creditor would first have to have sued you and have a judgment before a stimulus check would even be at risk. If that hasn’t happened, your stimulus check can’t be garnished. If you have a judgment, some states have Executive Orders that protect this stimulus from garnishment. Here is a link to a website listing which states protect this additional stimulus: www.natlawreview.com/article/covid-19-us-state-policy-report-march-4-2021 What if you have a judgment and your state doesn’t protect the stimulus under an Executive Order? I will explain how it can be protected from garnishment. 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, 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 HELPS Nonprofit Law Firm

[@White-ms9uo]

@@ericolsen2141 Eric I was served a summons today from a debt collection law frm in Sacramento. 1700 citicard I just had to stop paying. Couldn't afford. I'm 69. Collecting edd after being laid off 4 times. Last time due to covid. Had to move in with a girlfriend . No family, no house. Only car. Scared. 275per week edd starts sept. Can they take my wdd? Car? Please help. I have to call you?

[@jmagnum69]

but what if the senior has assets? Such as a home that can be used to pay the debt?

[@SeniorLivingOrg]

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

[@krissymoore9452]

I am 52 and disabled on SSI can my bank account be garnished should I close my account and wait for a paper check the collection ppl have my bank information

[@chantalsslippersondeedeesf4853]

Only if theirs a Judgment against you. They can't just garnish it without a Writ of Judgment. Maybe Eric will answer you're question to reassure you.

[@ericolsen2141]

Senior Living has another video called Why Seniors Shouldn't Worry about Old Debts that you can view. The same rules discussed there apply to persons on disability., Twice the amount of monthly SSI deposited into your bank account is protected automatically from garnishment by federal banking rules. If you happened to have more it is also protected just not automatically. So no you don't need to close your account. You can visit HELPS website for more information at www.helpsihere.org. You will be fine.

[@montanateri6889]

its not just seniors, anyone on SSI or SSD is protected. But you must have it deposited monthly by SS into your bank. If you get a check, cash it, and then deposit it, you've no longer got verification that is SS money and the debtors could take it. (then you'd have to fight to get it back). Your bank won't let it be taken when its SS money that is auto deposited from SS.

[@OJCHIMPSON]

SSI can't be garnished for anything. Not even child support.

[@changelesschange4843]

Where can I find a list of my senior rights? You mentioned seniors have rights - where??? I want to simply stop paying. What do you say about that? Or, should I do something else

[@HELPSLawGroup]

HELPS website has more comprehensive information that you may be looking for Search HELPS Nonprofit Law firm Eric HELPS

[@Jane-gx3zw]

Does this apply to student loans or parent plus loans

[@ericolsen2141]

Senior Living has a new video on student loans that answers these questions Eric HELPS

[@omikredarhcs8221]

Most states have a program on how to pay off student loans, you must first qualify to get into that program, and have a degree that qualify's

[@MysticManifesting]

The debt collectors claiming to be collecting the debt on behalf of a credit card company sent me a trust indenture (liability) with a coupon on the bottom (asset) with the option to dispute the debt, which is what they want, because disputes must be settled by a court. One of them sued me and won a judgment. They are trying to collect on a stolen security.

[@HELPSLawGroup]

Debt collectors count on seniors not knowing their rights. So they come up with creative means to get a debtor to contact them. They are not obligated to tell a senior regarding their protected income. Eric HELPS

[@katherinemyles9427]

Can they take checks for covid-19 relief

[@bentnickel7487]

Cash the check or draw the money out of your bank and hold the cash at your home or buy a money order and hold on to it.

[@ericolsen2141]

Senior Living has a new video explaining how the stimulus is protected Eric HELPS

[@starr6465]

Can they cone after a Seniors Home ???

[@HELPSLawGroup]

Here is a link to a video from Senior LIving with HELPS that answers this question: kzbin.info/www/bejne/a3ypY6ihptGjoc0

[@Jimfromearthoo7]

If you are collecting SS and VA disability and it all goes to one account in bank. Is their a certain amount that’s considered untouchable? In others is it 2 or 3 times your monthly income? Other wise if your balance more than 2 or 3 times monthly income amount the balance can be garnished. Is that true?

[@HELPSLawGroup]

Twice the monthly amount of federal benefits is protected automatically by federal banking rules regardless of the actual source of funds in the account at the time of garnishment. However the balance of federal funds in excess is still protected just not automatically - one would have to file a challenge to garnishment or claim of exemption showing the source of funds in the account so that excess would be released. Eric HELPS

[@Jimfromearthoo7]

@@HELPSLawGroup thank you got it!

[@finhunter]

kzbin.info/www/bejne/mGi7mGiFZcl9d7s

[@franktrevino7442]

It would be a great help if you would post the web site and number for those with hearing or eye problems thank you

[@SeniorLivingOrg]

Thank you for the advice! We will take that into consideration.

[@lrherrel]

What if a debt reaches the 7th year. the Debt is then sold to another company for collection. If that happens, do they get another 7 years??

[@SeniorLivingOrg]

Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787

[@HELPSLawGroup]

I think you are talking about a statute of limitations. SOL That is a defense to a lawsuit and the length of the SOL depends on the state. And yes it can be revived by making a payment but not selling to a new debt collector. However, the SOL is a defense which means it has to be asserted if someone is sued. It is not automatic. Eric HELPS

[@nancyharris9360]

If your a senior and you owe debt and don't pay will they turn it in on your credit report?

[@HELPSLawGroup]

There are three major credit bureaus. Not all unpaid debts are turned over to credit bureau. Senior Living has a video with HELPS on Senior Living's KZbin page discussing credit and seniors that answers a lot of these questions. Eric HELPS

[@nancyharris9360]

@@HELPSLawGroup thanks

[@danjams]

is a seniors retirement accounts protected from creditors?

[@SeniorLivingOrg]

Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787

[@HELPSLawGroup]

Social Security is protected from collectors and almost all pensions are protected under ERISA, a federal law. Eric HELPS

[@kachoo2135]

Those debt collectors will do anything to drive you crazy

[@foggybrain7431]

Im 59 years old and am on SSD . Couldn't pay a creditor because i couldnt work and have been turned into a collection agency. Is my income still protected or can they sue me because im not 65 years or older ?

[@SeniorLivingOrg]

Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787

[@HELPSLawGroup]

You could be sued but a judgment creditor could not touch your SS. Age doesnt' prevent a lawsuit but certain income like SS and pensions are protected by law. Lawmakers want this money available to seniors and disabled persons for their needs. The video explains this and there are means to be protected from collector harassment. There are other videos with HELPS and Senior Living that discuss why a lawsuit would be meaningless if your income is SS. I am sure you will be fine if you don't pay this debt. Eric HELPS Nonprofit Law Firm

[@pauldamore92]

What about if u own a house?? Or car???

[@SeniorLivingOrg]

Our video addresses that: kzbin.info/www/bejne/a3ypY6ihptGjoc0

[@michaeljumper1823]

I'm 62 and on the disability. Can a collector get my stimulus?

[@montanateri6889]

I wouldn't take the chance. If it hits by direct deposit, take it out of the bank. I'm going to take mine out (I'm on SSD also).

[@carlcaudell9666]

Bank will Rejected it. When they look at you and where your income comes from. If you have more than 3 month then they can get some. Already went thru this with medical Bills

[@MrAmigo2225]

How do debt collection agencies find your bank and bank accounts to garnish your stimulus check?

[@ericolsen2141]

Senior Living has a brand new video on how the stimulus check can be protected

[@hobbgreen4529]

i went to youtube just to look into getting their tv . they already had my bank account . i dont know how . its scary .

[@montanateri6889]

usually you've given it to them when you first apply for credit card or loan. If you've ever made a payment to them, that gave them your bank account info.

[@omikredarhcs8221]

@@hobbgreen4529 They went to court .

[@johndanielson4481]

Easy!...... The gov has everybody's info unless you don't have a bank account or any traceable identifyers.

[@markllansaw6785]

if i am in a over draft by my bank do i have any rights

[@HELPSLawGroup]

I believe senior living has a video with HELPS here on bank overdraft fees Eric HELPS

[@terryabate9231]

What about people on SSDI

[@HELPSLawGroup]

All forms of Social Security are protected Eric HELPS