You are here

What if I am over 60 or disabled and I can not pay my debt?

If you are over 60 or ‘handicapped,’ and have only exempt income and property, the court is required by law to dismiss the case against you and suspend the order so that you will not be required to return to court to show you cannot pay the debt.

The court will count you as ‘handicapped’ if

  • you have a physical or mental problem. The problem must severely limit you or prevent you from participating in at least one major life area; or
  • you get state or federal disability benefits.

If you are handicapped or over sixty, bring proof to show the judge. You may also want to send the proof to the plaintiff’s attorney. The plaintiff may agree to dismiss the case so you do not have to go to court.

If the plaintiff tells you he has agreed to dismiss the case, call the court to make sure the hearing is cancelled before you decide not to go. Do not miss your hearing.  

 

Produced by Mariah Jennings-Rampsi, South Coastal Counties Legal Services, with funding from American College of Bankruptcy Foundation
Created June 2012

Find Legal Aid

You may be able to get free legal help from your local legal aid program. Or email a question about your own legal problem to a lawyer.

Ask a Law Librarian

If it's
Monday-Friday
between
9am and 4pm

Site Search: