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    dm184218's Avatar
    dm184218 Posts: 2, Reputation: 1
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    #1

    Dec 21, 2007, 12:36 PM
    Elderly Parent (my dependant) Sued
    My mother has been sued for credit card debt of $4500. Since incurring this debt, she has had to retire, due to health issues, and is living with me with SS as only income.

    I am reading this document and it says to appear "in writing" within 10 days, after serviced. She has no assets and cannot afford a lawyer, much less, file bankruptcy.

    What is her worst case scenerio? Also, I am wondering if I should try to write an answer to this suit and if there are any online helps that I might use? Or, would a Lawyer be best way forward, which is a concern as I am afraid that fee might overshadow the debt. Any comments or direction would be helpful.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 21, 2007, 06:05 PM
    First of course she is only a dependent as for as your tax filing status, that has no bearing on the case. If you were her legal guardian, it would be different.

    She has to answer any demand, you can write it for her, but she will need to sign it and it would be from her.

    Also how old is the debt, if a year or two they may well settle for 1000 dollars or so if she offered it. But an attorney is never a wrong thing and also always good when being sued.
    dm184218's Avatar
    dm184218 Posts: 2, Reputation: 1
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    #3

    Dec 21, 2007, 10:31 PM
    Thank FR_Chuck.
    I did consult an atty. On the phone. She was kind enough to email the proper docs. To respond and offered to review my completed copies before I send to court/plaintiff atty.. (I have a Prepaid svcs, but, it does not cover my Mother) The debt is over 5 yrs. Old. Not sure if settlmt. Is available, but, may inquire, down the road. My atty. Agreed that hiring a Lawyer might be costly, as compared to this monitary claim. So, I will probably file an answer and have my Mother sign. She can only agree that she is at fault. But, no longer has ability to pay as SS is swallowed up in medical expns. And other incidentals. She is 76 and has no need, nor ability to repay, any further debt. I wonder if we should consider filing bankruptsy as I believe she has other unpaid debts that she assumed were written off? Although, that may also be cost prohibitive. Any thoughts on that direction?
    simoneaugie's Avatar
    simoneaugie Posts: 2,490, Reputation: 438
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    #4

    Dec 21, 2007, 11:47 PM
    She can file for bankruptcy. Then, she would have no debt. It costs to do so, about ? $800.00. She would have to balance the cost of filing bankruptcy against her outstanding debts. The companies that she owes can "try" to sell her assets. But she doesn't have enough at this point to seize. Ask your pre-paid attorney about it. Bankruptcy at her age and means may be a blessing for her.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Dec 22, 2007, 09:43 AM
    Hello dm:

    There's only ONE advantage to being old and broke. And that is you're judgment proof. Her SS can't be garnished, and if she has no cash, then they can't get any cash.

    A letter to the attorney stating the obvious should put an end to this fiasco. Send it certified, return receipt requested.

    But, if they want to sue, let 'em. What?? A judgment on your mother is going to do her harm?? Nope, it ain't.

    excon
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