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    Edensmimi's Avatar
    Edensmimi Posts: 105, Reputation: 7
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    #1

    Dec 21, 2007, 02:13 PM
    Notice To Appear In court
    A while back I asked about a Credit Card Company suing my parents, we filed our intent to defend, along with asking for the original contract. That was in July of this year. After filing the credit card company did mail us and ask us to call the attorney to try and work it out. Well my father is disabled, and my mother lost her job of 20 this past February. In the mail today they got a notice from the court giving them a court date for a trial. It said they must go to mediation prior to all of this, and some other standard mambo jambo. What's the worse case scenario if we go to court, IE can they freeze their bank account where my mom and dads social security goes? What about there home they live in? What if they have other property that was already been sold to me, did the paperwork had it notarized just haven't filed it at the court to transfer the deed? I am anxiously awaiting a response, I really want to help my parents, if I had the money I would pay it myself. It isn't they don't want to pay, they just can't. Also is it too late to file bankruptcy and have this included in it?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 21, 2007, 04:37 PM
    If you have not filed the deed at the court house, you are not the legal owner of record, since their deed is still the legal deed on file, there can be a lien placed on that property according to the legal deed. Then you would have to sue your parents to clear the deed, So if you have such deeds to file , file them.

    It is never to late to file bankruptcy

    They can freeze a bank account, since they have no idea what moneys go into it, so you would have to go back to court after it is frozen to show what money is from those checks and so on.

    And yes at mediation, they would or should be able to work out the amount to be paid and normallay payment arrangements.

    If you transfer the property now, it will have to be explained at bankruptcy, any property transferes within a certain time frame has to be explained, and you will have to show what you paid for the properties.
    Edensmimi's Avatar
    Edensmimi Posts: 105, Reputation: 7
    Junior Member
     
    #3

    Dec 21, 2007, 06:04 PM
    Thank you for responding, we appreciate any opinions we can get.

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