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    klin8735's Avatar
    klin8735 Posts: 1, Reputation: 1
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    #1

    Sep 9, 2008, 06:44 PM
    Summons Problems
    My disabled adult son was served with a summons to appear in court for a delinquent credit card. He has a mental illness and is not capable of responding to it. I contacted the Attorney office initiating the summons but they will not talk to me. He has very little money, just a small disability check. What do I do?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Sep 9, 2008, 06:47 PM
    Why with a mental illness was he using a credit card?

    Are you his guardian since he has a mental illness, if he is capable he can sign a power of attorney to you, to talk to them about his debt.

    But if he has a credit card and if he was charging things on it, he needs to pay it or they will go to court and get a judgement against him.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 9, 2008, 06:52 PM
    You can't contact the plaintiff or their attorney since you are not a party to the suit unless you are the legal guardian or have a POA.

    Chuck makes a good point about using this card, was this use prior to the illness taking hold?

    The summons needs to be answered with an Intent to Defend. I would show up in court with your son and an affadavits from your son's physician detailing his illness.
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