My sister is physically and mentally disabled and somehow ended up with many credit cards (and used them!) I went to a legal aid office, and they said I could write letters to the credit companies indicating her situation, and that she was "judgement free"...This worked for all but one...today she was served with a summons from Discover and is being sued for that outstanding balance. I'm wondering what form I use to respond. I know once the court sees her condition, and hears the details of the charges.... it will most likely be dropped. She loaned the card to another patient at the adult day health center who said she'd pay her back. Obviously my sister is no longer in charge of her finances.
Your sister needs to file an answer. There is a judicial counsel form which says answer/contract. That will get it started. She should check the box which says general denial. Not the second box which says admit all except...
While this will get her foot in the door, my advice would be to get counsel if she is going to defend. If she is not worried about the judgment, then there is less to worry about.
Whow. She must have gone on a spending spree. Where are the proceeds? You have a keen legal mind knoeing the charges will be dropped. Whoever used her cards will be liable both criminally and in civil court. The adult center is at risk for allowing such behavior. Who has authority over you sisters acts? They may be negligent as well. NO LEGAL AID OFFICE WOULD TELL YOU SHE WAS JUDGMENT FREE.
Brad Francis WeilChapter 13 Bankruptcy AttorneyLong Beach, CA ·
Your sister may want to consider filing a Chapter 7 bankruptcy to clear all of this debt off of her credit report. She can name you as a "next friend" and you can handle all of the legal stuff. If she is being sued you need to file an answer and explain in writing why you think she should not be held legally liable for this debt.
The form used depends upon the underlying grounds for the complaint. You can goto http://www.courts.ca.gov/formname.htm
For a complete list of all forms. Remember to serve the plaintiff.
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