Many seniors struggle financially, and wind up getting sued for debt. If seniors have trouble paying off debts, the result could be getting sued for debt and a summons to appear in court. In this video, Attorney Eric Olsen, founder of the HELPS Nonprofit Law Firm, wants seniors to know their rights, including their right NOT to hire a lawyer and appear in court if they are getting sued for debt.
Time Stamps
0:00 Introduction to HELPS Nonprofit Law Firm, Attorney Eric Olsen and his legal experience
1:17 Do seniors getting sued for debt have to show up in court?
2:27 Date and time listed on summons is only if you’re going to fight the lawsuit
3:14 Seniors are not breaking the law if they don’t appear in court
4:07 Even if the person serving the summons wears a badge, seniors have no reason to fear
5:14 By not showing up, you’re conceding that you do owe the money
5:49 Social Security and many other forms of retirement income are protected from garnishment by debt collectors if there’s a debt judgement against a senior
6:46 Twice the amount of monthly benefits like Social Security are protected in a senior’s bank account
7:52 Even if there’s more than twice the amount of monthly benefits like Social Security in a senior’s bank account, the balance could be protected from garnishment by debt collectors as well
8:52 Lots of seniors, attorneys, and bank managers don’t know these rules!
9:51 Every state has exemption laws that protect the value of certain assets, such as home, from judgement and garnishment by debt collectors
10:40 If a senior has a default judgement from a credit card company, it is not the practice of consumer judgement creditors to go after senior’s home or property. It could happen but it’s highly unusual.
13:04 It’s worth showing up to defend yourself in court if you don’t owe the money even if you can’t afford an attorney
15:24 Seniors shouldn’t go without food, medicine, or other basic needs to pay old debts
15:45 When seniors do have to show up in court, such as a debtor’s examination
19:04 How the HELPS Nonprofit Law Firm can help you
20:34 Why seniors shouldn’t be scared of a debtor’s exam
21:15 The HELPS Nonprofit Law Firm helps seniors struggling with debt at little or no cost, even when they're getting sued for debt
23:15 How to contact the HELPS Nonprofit Law Firm
Receiving a summons can be scary. Sometimes, they're handed to seniors by someone wearing a badge, which makes the service process even scarier. But many seniors have nothing to fear, explains Attorney Eric Olsen, founder of the HELPS Nonprofit Law Firm. The former bankruptcy attorney explains that seniors don't have to go to court to defend themselves, or even hire a lawyer, if they owe the money in question.
The former bankruptcy attorney explains that you're not breaking the law if you don't appear, when seniors do have to appear in court, why seniors are often judgement-proof, and how their bank accounts and personal property can be protected, even when they're getting sued for credit card debt. He also lays out that seniors shouldn’t go without food, medicine, or other basic needs to pay old debts and how the HELPS Nonprofit Law Firm helps seniors struggling with debt at little or no cost.
Jeff Hoyt is SeniorLiving.org’s Editor-in-Chief.
For more on why seniors shouldn't worry about old debts, watch • Why Seniors Shouldn't ...
For how to deal with debt collectors, watch • Why Seniors Shouldn’t ...
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To learn when Seniors should consider Bankruptcy, watch • Seniors and Bankruptcy
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To contact the HELPS Nonprofit Law Firm, call 1-855-435-7787 or visit helpsishere.org.
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