[arkitkat]

My mother is 94. She has dementia, is almost blind and deaf, has had cancer and numerous other medical problems. I am her only child and I am her only caregiver. She lives in my house. She has no property and her only income is her Social Security and a small pension of $50 a month. I paid her Sears bill as long as I could, but with her medical problems and medications, I fell behind. Harassing phone calls started almost immediately. I would pay when I could, but I really needed her money to help with her expenses. I finally quit paying at all 2 years ago. Since then, the collection efforts have come in spurts, passing from one collector to another. Today I received a letter from an attorney in St. Louis, Gamache and Myers, who has an attorney licensed in AR where we live. They have said we have 30 days to respond. I don't think they can take her SS and possibly her pension. I am on her checking account with her which has her ss and pension checks directly deposited. I also deposit money into her account to pay some of our household accounts and buy groceries. What should I do? Am I right about their inability to attach her funds? Should I take my name off the checking account or possibly close the account and have the checks sent in the mail? She paid this bill religiously for many many years. Most of the $6000 balance is from interest, late fees and whatever else they added on. She has more than paid for any merchandise she charged. Also, should they actually sue her, there is no way she could go to court. Should I try to go in her place, or write a letter and send to the court? Please help!

[ScottGem]

First you need to respond with your intent to defend. Get an affadavits from her doctor as to her conditionand her inability to appear in court. Go into court with proof that her only income is from retirement payments.

You should be able to get the suit dismissed.

[Fr_Chuck]

Yes as Scott said but to be on the safe side, take her name off the bank account and get her checked mailed direct. That way just in case there is nothing they can do.

[arkitkat]

Thanks so much to both of you for your quick responses. I apppreciate it.