Among the many resources available to Maine senior citizens is a department called Maine Legal Services for the Elderly.
The service Web site, www.mainelse.org, is fascinating in all that it offers and the few times I’ve had occasion to call the service, representatives have been very helpful.
If you have a question involving your legal rights, you can call a free hotline to talk with a lawyer at (800) 750-5353 or e-mail [email protected].
The following is from the Web site section called “Know Your Rights. ” It may help answer some of your questions, if you (like many) are worrying about what will happen if winter demands outstrip your ability to pay your bills.
The Web site carries the following statement: “This information is not legal advice. We offer it as a public service. We urge you to talk with a lawyer about your situation.”
Are you worried about bills?
If you can’t pay your bills, you’re not alone. Many of us fall behind at some point in our lives. We all want to pay what we owe. But sometimes, we can’t. It can be stressful, but it may not be as bad as you think.
Is there any way I can get the bill collectors to stop calling me?
Yes. According to the Web site, all it takes is a letter telling them to stop calling you. If they call or write to you after they get your letter, collectors are breaking the law. The service offers a form letter available by calling the number above. The letter only makes the phone calls from the bill collectors go away, not the debt.
Please note the company owed the money, not the collectors assigned to obtain the debt, does not have to stop calling if you send them a letter. But there may be some other things that you can do to try to get them to stop calling. Call the service for free advice about what things might work.
Is there anything else you can do?
Send a letter to each of your creditors. Explain that you can’t afford to pay. If creditors believe you really can’t afford to pay, they may stop trying to collect the money from you, especially if the debt is small. The legal service offers a form letter to use, available by calling the number above.
What if the creditor takes you to court?
If you don’t pay, the creditor may sue you to try to collect the money. If this happens, you will get court papers stating the date of your hearing, when a judge will decide if you owe the money. If you don’t think you owe some or all of the money the creditor says you owe, call for legal advice.
What if a judge decides that you owe the money, but you still can’t afford to pay it?
If the judge rules that you owe the money and you don’t pay, the creditor can bring you to court a second time. The second hearing is called a disclosure hearing because you will have to tell the court what income and property you have. You must go to this hearing.
At the end of the disclosure hearing, the judge will decide if you have anything that the creditor can take. If the judge decides you can’t afford to pay, you don’t have to pay. Don’t ignore any court papers. If the creditor takes you to court, call the service right away for free legal advice.
Maine law protects basic things a person needs to live – such as a modest home, car and furniture. If you have a not so modest home with a big mortgage, that may be protected too. So some property and income can’t be taken from you. The laws about this are complex, so call the service for details. But note that if you have a mortgage or car loan, the bank that gave you the loan may be able to take the house or car, if you stop paying on the mortgage or loan.
The law also protects your Social Security. Even if the creditor takes you to court, they can’t touch your Social Security, alimony, Supplemental Security Income, veteran’s benefits, worker’s compensation and Maine State Retirement payments. However, if you owe money to the federal government, it may be able to take part of your monthly Social Security check.
Could I go to jail if I can’t pay my bills?
You won’t go to jail if you can’t afford to pay your bills.
Do I need to file for bankruptcy?
It depends. You may have other choices. Call the service to discuss them.
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