California Law Protects Senior Citizens With Debt
California provides enhanced legal protections for senior citizens dealing with debt they can't afford to pay. Whether you're concerned about a creditor taking your retirement income or what a judgment might be able to do your homestead, give us a call. We can explain how California law works to protect you.
Tell us about your situation or give us a call. There is no charge to talk to us.
Find Out If Your Income Is Legally Protected by Federal or California Law
Find Out If a Consumer Creditor or Debt Collector Can Take Your Income Without Your Consent.
We receive creditor and debt collector communication for our California clients while they use their protected incomes to survive.
People confuse us with bankruptcy or debt settlement. We are neither. Here is the difference in plain English.
What HELPS does
- Becomes your attorney of record as described by the Rosenthal Fair Debt Collection Practices Act so creditors and debt collectors must contact us instead of you.
- Sends the letters that make creditor and debt collection phone calls and letters stop.
- Educates and informs you about the federal California laws protecting you from debt you cannot afford to pay.
- As long as you are our client, HELPS Law Group receives creditor and debt collector communication on an ongoing basis.
What HELPS is not
- Not bankruptcy. Nothing is filed in court and nothing goes on a public record.
- Not debt settlement or debt management. We never take a percentage of anything you owe and we do not settle debts.
- Not a consolidation loan company. We do not pay off your creditors and neither do you. We are not here to make money off of getting you into more debt.
- Not a credit repair company. Our representation does not affect your credit. We are happy to discuss unique California protections for your credit report.
Tell us about your situation
If you would like a HELPS legal professional to review your debt-related situation, we're happy to help.
Our suggested fees are based on household income. No contracts are signed. HELPS may be terminated at any time. We do not bill any client after cancellation.
The first 30 days are free for everyone.
| Your household income | You pay | After that |
|---|---|---|
| $800 a month or less | Nothing | Free |
| $801 – $999 | $10 a month | Free after 48 payments |
| $1,000 – $1,250 | $30 a month for 24 months, then $15 for 24 months | Free after 48 payments |
| Over $1,250 | $40 a month for 24 months, then $20 for 24 months | Free after 48 payments |
What people ask us first
If a company sues me, can they take my Social Security?
No. All forms of Social Security, SSI, SSDI are protected from judgments for unpaid debt. The laws protecting Social Security benefits apply to every type of debt owed to a private company, even if they sue you and win.
Will this hurt my credit?
Our services do not affect your credit. Missing payments or not paying a debt can and very likely will affect your credit.
California law provides strong credit reporting protetions for Californians. You can learn more about this by clicking here: California credit reporting protections.
Who can take Social Security benefits or pension income to pay unpaid debt?
The federal government can take legally protected incomes to pay debt you owe to it. Unpaid IRS taxes, federal student loans, and other federal debts can result in an offset of protected income. Child support debts are also exempt from every law protecting retirement incomes.
How is California Law better for senior citizens dealing with debt they can't afford to pay?
California offers some of the best consumer protection laws in the United States. From our homestead protection to our enhanced protections from unwanted contact from creditors and debt collectors, California is a bit better than most states at shielding its residents dealing with debt. We have our own state agency, the Department of Financial Protection & Innovation, created specifically to enforce violations of California law that causes harm to consumers.California law even provides automatic protection for bank accounts from the judgments of creditors.
Am I doing something wrong because I can’t afford to pay my debt?
A California senior citizen is not a “bad person” because they could not manage to afford the cost of living and paying debt.
California law makers have repeatedly passed legislation protecting the income resources of senior citizens. Courts have repeatedly ruled in favor of cases affirming the protected nature of retirement and disability incomes. We understand people typically seek our help after doing everything in their power to afford their debt.