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Once a creditor sues and obtains a judgment (court order) against a debtor they must follow a legal process to obtain payment. The creditor collects on a judgment through a "Writ of Execution" which directs a sheriff to seize the debtor's money, property, or real estate to pay the debt (in limited situations, money or property may be taken before a court enters a judgment). A creditor must collect on the debt within five years after a court issues a judgment, although a creditor can renew a judgment for additional five year periods.
As with most legal questions, the answer is fact specific. The instant a bankruptcy case is filed, your creditors are prohibited by law from contacting you, attempting to collect a debt and yes, they are also prohibited from foreclosing on your home. Even if your home is scheduled to be sold at foreclosure tomorrow and you file bankruptcy today, an injunction called the automatic stay will temporarily sheild you from creditors, forcing your lender to immediately cease and desist with foreclosing.
Social Security income is a lifeline for most seniors. Because it is considered so essential for survival, it has traditionally been protected from attachment by creditors. However, there are some exceptions.
Please review the guide below for more information.
Know about Elder Abuse
What is “elder abuse?”
Elder Abuse has many forms. It can mean any mistreatment of a senior. Examples include confinement, neglect, abandonment, bodily injury, unwanted sexual contact, verbal intimidation and threats, and financial exploitation.
Myth: “We don't have that problem in our community.”
Fact: Abuse is often not seen or recognized.
Five Different Sample Letters to Send Debt Collectors
Wondering how to respond to a debt collector?
The Consumer Financial Protection Bureau created the following sample letters to help if you:
Basic Information about Idaho’s Laws for Seniors
Seniors and their family, neighbors, friends and caregivers will find this Guide helpful. The Guide gives general information about legal issues that seniors frequently encounter and offers practical options for each situation. It will also give direction on where to look and who to call for more detailed information.
The Aging and Disability Resource Center guided by the Idaho Commission on Aging (ICOA) serves Idaho's seniors and people with disabilities by safeguarding their rights, fostering self-sufficiency, providing counseling, and advocating on their behalf.
To equip assisted living and nursing facility staff with the know-how to prevent and spot the warning signs of elder financial abuse, the Consumer Financial Protection Bureau offers a guide to protecting residents from financial exploitation.
Are you being illegally harassed? If you are having problems with debt collectors, watch this video to learn about your rights under the Fair Debt Collection Practices Act and state laws.
If you are having problems with debt collectors, watch this video to learn about your rights! Hear about your rights under the Fair Debt Collection Practices Act and state laws. Find out what you should do if you are being illegally harassed.
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