I’m living with and caring for my mother. This is her home. I myself have health issues; but I am able to make sure she is cared for. My mother a few years ago received a letter to collect a debit; target credit card. My mother was not sure what the bills was for. So we requested more information. It never came. Then a couple of years went by; this case had been sent to court. We went and the other side didn’t show. We told the judge my mom did not believe she owed this money. We were sent home because the company lawyer’s didn’t show. That was in 2020. Now we just received papers from the sheriffs office; that a Lien is going to be placed on her home. How can they do this? We tried to get this straightened out and was told if the company appealed we would hear something and return to court. But that never happened. We thought they fixed the issue..now she is in fear of losing her home. She only receives Ssi and has no savings. I’m afraid this issue will affect her health. My mom suffers from COPD. When she’s upset it affects her breathing more. This does not feel legal but we can’t afford a lawyer. I just don’t know what to do. The debit is almost 13,000. I can’t afford to pay it and there is not even an option to make payments. The whole thing is unfair My mother swears this is not her debit. I believe her, because she is never behind on bills, taxes or even medical bills. Can you please give me some direction; I’m lost. I feel so helpless. My moms only possession is her house. She doesn’t even own a car. To lose it like this is heart breaking. Please help !
Thank you
fwiw if grandmas only source of income is her SSA income that is judgment proof. It cannot be seized by a regular debt collector. The only ones who can are the IRS or State tax authorities. The collector for “Target” cannot.
But something about this sounds off. Like it’s some sort of scam or stolen identity situation. That possibility I’d be way waaaaaay more worried about.
Get mom to pull her free credit report from the big 3 and then freeze all 3. Look at the reports to see if are other credit cards or loans or other borrowing done in her name or using her SS#. Find the PPIN and tax ID on the house from her old property tax bill and go online to your courthouse website to see what recordings may been attached to the chain of the property. If there has been borrowing using the house as collateral or other judgements on the house, those should be recorded.
I’d be real concerned her identity has been stolen and farmed out. The “Target” debt may be the 1st of many. This forum, AC, is great on elderly health related stuff. But things like scams, it’s not. For that, I’d suggest that you do a post on Reddit. Do it in the r/scams subreddit group on Reddit. Lots of seriously savvy folks who will have suggestions.
That said, a lien can generally only be filed after a judgement has been obtained. If you went to court and the other side didn’t show or ask for a continuation then the case should have been dismissed. That says to me that this lien is related to a different suit or that the creditor brought the action again. However, they would have had to serve notice of this so that you could be present in court to defend yourself. You are missing part of the story somewhere. Start by asking the sheriff to see the judgement and work your way from that to figure out what is going on.
Also, most attorneys will give you a free consultation. Some of them even do pro bono (free) work to help the poor. There are legal aid societies and self help centers as well which can provide free aid or even representation.
No, they won’t take your mom’s primary residence to settle a small debt. They theoretically could force a sale but it almost never happens and the amount owed would have to be huge. I doubt she owed that much to Target.
Two other things to consider:
1. There is a statute of limitations after which they cannot collect on an unpaid debt. Check to see if it may have passed already.
2. Maybe this was a case of identity theft. The creditor is required to shown proof of why they think you owe the debt. Make sure the dates and names and addresses and everything match. I doubt Target is suing you for a pittance so probably this is with a third party who bought the debt. They buy debt by the bundle at pennies on the dollar and often their information is flat out wrong. Make sure this is debt you really owe.
If Target stopped sending a bill every month, there is no debt owed.
It's easy enough to find out. The mother has to contact the bank Target issues their credit cards through.
You are correct. There has to be a legal court-ordered judgment to out a lien on anyone's property or to garnish their wages.
A credit card company or collection agency does not have the power to do that. Only a judgement in a court of law does.
If your mother has dementia, she may not remember that she charged the money.
It was important that you follow up with getting the bill, it had no chance to go away.
You can still ask for a copy of the final bill, do it in writing registered mail, return receipt required.
Go from there.
Either hire any attorney, or
Medicaid and a credit card company are two very different entities.
They don't operate by the same rules.
At this point you need an elder law attorney. Sorry, as that will cost you money, but there is really no other way to follow up what has happened here. Hopefully you have kept all paperwork in this matter.
I had a similar situation, only I had paid the bill at time of service, the doctor sold his practice and apparently my account was never credited the payment, thankfully I had the canceled check but, what a buttrash to deal with.
I really DO NOT recommend ignoring this. A lien is a legal process and you do not want to let it sit building interest and fees. Because it will need to be handled now or later.
Find that court paperwork and get a copy to this place. If you don't have it, the court will.
You could also ask the court that handled it if they have any ideas, often they are very helpful.
Good luck handling this mess.
Did Mom have a Target card? Did you call Target to see what the charges were for? Did Mom not get statements every month? Calls from Target about her overdue amount?
Maybe the debt is not Moms. Collection agencies are given addresses and phone#s. If they call these numbers and no one answers or they find the person has moved without a forwarding address, they will start a search for that person. Does Mom have a common name? My cousin had collectors come after her and it was found there was another woman with the same name living in the same town.
A lien means that when the house is sold, the lien will be paid at time of sale. Call your Office of Aging and see if they have a number for Legal Aide. Sorry, but this is the only way you can get this straightened out. Sorry to say, but you have to prove this is not Moms debt.
P.S. I agree with Burnt, especially about the default when the lawyer did not show up. See if the lien is actually placed. If it is, u will then need a lawyer.
They sold the $13 thousand debt to a collection agency for pennies on the dollar.
Now the collection agency is pulling out all the stops to try and collect any amount the can.
The Sheriff that came to the house. You can hire one to serve people with anything. I hired one out of the yellow pages back in the day to serve the divorce papers to my first husband.
This is what the collection agency who owns the debt did. That does not mean that anything they say is legal or the truth.
They're trying to recover money and will go to any lengths to do this. That's why collection agencies buy these kinds of debts. It's not worh a credit card company's time and resources to go after a $13 thousand debt. So they sell it to a collection agency for far less than what's owed. Target can't 'appeal' because they don't hold the debt anymore.
When nobody showed up in court from their side, they lost by default. So the first collection agency Target sold the debt to has cut their losses and sold it again to a different one for even less.
They can do this nine ways to Sunday, but they lost by default. Your mother doesn't have to pay anything.
Ignore this nonsense. Believe me at some point a collection agency will be willing to any payment. It's a waiting game with collection agencies.
Also, I don't know if you know this or not, but after seven years the debt is cleared. They won't even be able to put a claim into her estate after she dies.
FYI they don't "take" the home, they put a lien on it so that the debt gets settled when your Mom sells the home. This would be a problem if she ever needed to qualify for Medicaid (and many elderly do need this aid).
I would retain a lawyer at this point. Even if it costs money, the other option may be to lose the house.
Does your local news station have a "Business Guru" of sorts--the reporter who goes out and investigates this exact kind of thing. Just the threat of a bad image is all it takes to iron things out.
Curious: how much was the initial debt? And what was the reason the other atty didn't show up in court?
This all sounds very fishy to me.
Good Luck with this.
Good luck!
None of it is actually court-legal though. Just wait it out.