Q: My mother in law who is 82 years old had a credit card she could no longer pay.
Now she is getting sued by the collection agency and received a summons to appear for a pre-trial conference. What can we do to help her as she has no available funds to pay the $2800.00 plus fees on this unsecured loan. The summons states she has to go or have an attorney represent her at this pre-trial conference. This means to me that this collection agency and its attorney want my 82 year old mother in law to be there. She cannot afford an attorney nor is able to comprehend legal terms. Any assistance in this matter is appreciated.
A: You could go with her. Pretrial in small claims court is mediation. Do not fail to appear or you most likely will be held in default. Your goal - show that she is judgment proof. Social security payments can be exempt. Do not comingle funds. You may be asked to consent to having a judgment entered against her. The answer depends upon what assets and income she has.
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