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pierogiemama · Jan 6, 2006, 10:11 AM

My mother who is 75 years old just received a summons from a constable to appear in court for a credit card with National City that she had between 1998 and 2000. She said she never received any bills from them concerning this. The amount due is $2500. The summons also states that she was notified back in November to appear in court in December of 05, but she said she never got the previous summons. They would have had to send it certified wouldn't they? She said she doesn't remember ever charging anything, but then again she is 75 and her memory is going fast. She is hysterical. She thinks she's going to go to jail. She can't afford an attorney nor can she afford to pay this. She is on Social Security and that is all. She lives in Pennsylvania and does not own anything. I hope someone can guide me in the right direction. Thanks.

mr.yet · Jan 6, 2006, 10:20 AM

Go to the court and get a copy of the court documents, get all the information, if she has not received anything 2000, first statute of limations may be up, positive defense, second, possible identity theft. Get the documents, third she may be able to get free assistance, Pa is know for helping seniors.

Fr_Chuck · Jan 6, 2006, 10:45 AM

First as stated, go down and get a copy of all filed documents.

Next be sure she appears in court, not appearing can be the worst thing.

Also as already advised check with the senior center in your area, some have attorneys that help in some small ways without charge in more minor issues.

Next she can't go to jail for not paying the money. If she has any bank accounts and checking accounts they could be attached. And if she is listed on any of your accounts they could be attached.

But basically go to court and just be honest.

CaptainForest · Jan 6, 2006, 04:41 PM

You say your mother is losing her memory. Maybe she did get a summons and forgot?

Tell her NOT to worry. She can NOT go to jail.

Make sure she shows up in court. Perhaps you should go with her to make sure she remembers.

Yes you should go get all the court documents as others have suggested.

The fact that she hasn’t gotten any notice in this case is irrelevant. She owes a bill, didn’t pay it, so instead of them sending notice after notice, they are just suing her. That is more uncommon, but still possible.

sonshine · Jan 13, 2006, 11:52 AM

Hello there. This is my first question on this website. Hopefully someone is able to guide me.

My father is 74 and very ill and my mother is 70 with cancer. They were keeping up on their credit card payments until they got worse healthwise. Now they are putting their money into medications and health insurance. My father goes to the VA Hospital because they can't afford to pay insurance for both of them.

So a couple days ago they got a court summons for February 6th on an older credit card. Their income is only about $20,000 a year and that's SSI and a very, very small pension.

Like I stated above they are both very ill and this added stress is not helping. I tried to call the lawyer that was taking them to court and they were very rude and not willing to help.

My parents are not financially able to pay this debt back.

Does anyone out there know what they can or not do? They do own their home, but that's all they have.

Any advice would be much appretiated.

CaptainForest · Jan 13, 2006, 01:19 PM

Originally Posted by sonshine

Hello there. This is my first question on this website. Hopefully someone is able to guide me.

My father is 74 and very ill and my mother is 70 with cancer. They were keeping up on their credit card payments until they got worse healthwise. Now they are putting their money into medications and health insurance. My father goes to the VA Hospital because they can't afford to pay insurance for both of them.

So a couple days ago they got a court summons for February 6th on an older credit card. Their income is only about $20,000 a year and that's SSI and a very, very small pension.

Like I stated above they are both very ill and this added stress is not helping. I tried to call the lawyer that was taking them to court and they were very rude and not willing to help.

My parents are not financially able to pay this debt back.

Does anyone out there know what they can or not do? They do own their home, but that's all they have.

Any advice would be much appretiated.

The plaintiff's lawyer was rude? Not a big shocker. Most lawyers are rude.

Added stress for your folks? Sorry to hear about that.

Do they owe the money? It sounds like they do, and just don't have the money to pay for it. In which case, all that will happen most likely is that a lien will be placed on their house. So when they do sell the house, the money from the sale will first go to pay off this credit card company.

mr.yet · Jan 13, 2006, 01:28 PM

Make sure they go to court on Feb 6, to tell their side, maybe y ou can go with them, ask the court permission to help your parents explain their problem. May not help but will force the rude attorney to show up, than it will be your turn.

Just a thought, not legal advice, good luck