Follow
Share

$1400 mo income from Soc Sec. Care eats all income. My father moved in with me and I have POA. Unfortunately, his care requires use of his Soc Sec check to cover cost of his care. He can no longer afford to pay a credit card and loan payment he has had for quite a while. Lawyer recommended walking away from the debt. Not comfortable with this, but the reality is he has zero assets and only SS to cover his care. Can SS be attached should one of the banks sue him; or will they write off the debt after a period of time attempting collections? If he was aware of his inability to pay his debts, he would be crushed and I wish to prevent exposing him to this reality.

This question has been closed for answers. Ask a New Question.
Vegaslady I agree it is small by IRS standards. But you do end up with paperwork that will result if debt is written off that as POA the poster will have to track and file on timely basis. And most people get a little freaked out by IRS notices if they don't file a tax return properly and start getting computer generated notices. I just wanted to correct any mistaken assumptions that ALL social security is exempt from ALL levies. I am tax preparer who helped respond to IRS robo notices in past. Just a hassle to be aware of in advance. Any assets held together could also contradict assertion of lack of ability to pay.
Helpful Answer (0)
Report

IRS could only levy 15% of the SS and in reality the tax debt would be small by IRS standards. A letter to IRS would probably put the debt on their uncollectible list of accounts. Former tax collector reporting in here. I recommend going nothing about the creditors if you can stand the annoyance. Bankruptcy costs money too and is a bother too.
Helpful Answer (1)
Report

Sorry federal payment levy program.
Helpful Answer (0)
Report

Remember cancelled debt over $600 will have a 1099-C issued by financial institutions. This is TAXABLE income per IRS in most cases unless you file bankruptcy. $20k in written off debt will probably fall in this category. If tax is due on this, the IRS can attempt to collect via liens on bank accounts, cars, etc. please Talk to a tax professional to make sure you don't walk away from a situation that chases you down. Jeannegibbs check out IRS website, FPLP federal levy payments program specifically addresses when IRS CAN levy on SS for taxes. Get tax consequence advice too especially if you share bank accounts.
Helpful Answer (2)
Report

I can understand that you are not comfortable with walking away from a legitimate debt. But under the circumstances the lawyer is giving you practical advice. Dad's SS cannot be attached. Filing for bankruptcy would not accomplish anything for him, and it would not make more money available for creditors. They can get in line and split nothing under bankruptcy and they can get nothing now. Doubt that matters to their bottom line.
Helpful Answer (0)
Report

As Vegaslady had mentioned above, bankruptcy would probably be the main choice. You could check with the bank and see if they would accept a minimum payment each month.... your Dad would need to budget and cut back on items not necessary for his immediate care.

Does your Dad still use his credit card? I would cancel that card immediately, cut it up, and tell Dad he can only use cash from now on.
Helpful Answer (0)
Report

There are a few choices here. Bankruptcy to wipe out the debts. Contact the creditors and explain the situation and ask them to write off the as uncollectible because of his circumstances. Ignore them. I don't think you have anything to worry about except the annoyance.
Helpful Answer (2)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter