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My mom is in her 70"s no income, no savings, no ...

Sent to Legal Experts May 05 12:49 a.m.

My mom is in her 70"s no income, no savings, no credit, unable to meet demands of daily living on social security.She is currently under the care of my niece. She is unable to get out of the house even for medical appointments and the doctor makes house calls for her. Many years ago my dad died and she accummalated debt on a credit card. Much of this was prior to his death.(both names are on the account) She has received a summons to appear in Marion County superior court for a debt she can not pay. My question is how can I get this quashed. I have written them on behalf of my mom 3 times now. No one can afford the 1ok plus they are seeking

Optional Information:
Indianapolis, Indiana

Already Tried:
Written them twice and told them she has no money and is 70 years old and can not pay. No one else has this kind of money. I am in California she lives in Indianapolis

Customer (name blocked for privacy)

Status: Closed Value: $15

Answer
May 05 1:59 a.m. (1 hour and 10 minutes later)

REPLIED

Hello Customer (name blocked for privacy):

I suggest calling the attorneys for the credit agency, their names should be at the bottom of the summons and explaining to them that she has no assets and is being cared for by family members. You need not get specific as to what family member as you do not your niece inundated with phone calls.

The worst thing that can happen is they will go to court and get a default judgment against her. That judgment is worthless as she has no money. Neither you or any other family member is responsible for those debts unless you have signed joint application forms for her or you dad.

Susan Roberts

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Reply to Susan Roberts
Sent May 05 3:16 p.m. (13 hours and 16 minutes later)

Thank you, but one last question. Could she file bankruptcy for relief. The old home is stilled owened by the bank.

Customer (name blocked for privacy)

Answer
May 05 6:03 p.m. (2 hours and 47 minutes later)

ACCEPTED

If she has been making payments on the house and paying real estate taxes, or someone else has done it on her behalf, she still owns the house. My apologies for not assuming she owned the house in the first place.

She could file for bankruptcy, and her house should be safe from creditors.

I suggest you consult with an Indiana banruptcy attorney before contacting her creditors.

Susan Roberts

__________________
Answers here are for information/guidance only and do not create a lawyer/client relationship.CONSULT A LAWYER IN YOUR OWN STATE.

Please click "ACCEPT" and leave feedback.

Susan Roberts -- Judge, retired -- 99% Positive Feedback on 600 Legal Accepts
Licensed to practice law for 29 years. Retired state trial judge. Civil and Criminal experience.

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