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ASxOren Asked July 2019

Legal advice? Mom with dementia was served for a credit card debt she had in 2013.

My mother is 55 and has moderate, bordering on severe Dementia. She lives with me. Today she was served at my apartment for a credit card debt she had in 2013. It says that they want to revive the case and that we have 14 days from today to show cause on why the case should not be revived.


I called the courthouse and left a message, stating my mother has dementia and is not capable of handling a matter like this on her own, and that all of her disability right now goes towards our rent.


I'm not the guardian of her, we haven't had the money to start that legal process. I barely make enough each month to cover the bills and feed us.


The firm that issued this is also one I'm currently paying a debt for for myself, and I have yet to speak to single person regrading my own case. I've called, emailed. They emailed me paperwork to sign that had the wrong address on it, when I addressed the issue no one ever emailed me back or called me. So I know getting a hold of them for this is going to be impossible.


We have lots of proof from 4 neurologists that she's not of sound mind.


Does anyone know what our options are here?

4 Answers

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NLM001 Jul 2019
Don’t know what state you are in, but in many states debts become uncollectable at some time. This sounds like a b.s. collection agency using scare tactics. Really bring it on your doctors statements prove she cannot appear in court. Good luck and God bless you-I will be praying for you.
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ASxOren Jul 2019
So they can't arrest her or anything, right? Because there's no way she would understand any of that. Most days she's consumed with picking imaginary lint off her clothes. I'll contact those agencies tomorrow. Already left a message with the courthouse, don't know what will come of that. But She was already showing signs of dementia in 2011 and had suspected dementia in 2013 (that neurologist told us and her it was in her head), but when we had her SSDI appeal hearing in 2015 the judge said the doctor stated in his paperwork he thought she might have dementia and shouldn't be working, and she was confused why we were even there and gave it to us.
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anonymous912123 Jul 2019
No she cannot be arrested, this is a civil matter, not a criminal one. Just ignore the debt collectors, they have nothing to gain by doing anything. Block their phone #'s. They will write it off to bad debts and take it as a tax write-off, forget about it.
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worriedinCali Jul 2019
Her disability payments can’t be garnished via court order so let the creditor do whatever it is they are doing. They can get 100 judgements against her and nothing will come of it. I wouldn’t bother calling the courthouse. Don’t answer the phone if these people call either.
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anonymous912123 Jul 2019
Do nothing, if they decide to pursue and do get a judgement it won't make any difference as she is judgement proof, she has nothing to attach. Don't worry about this.
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