Legal Question in Credit and Debt Law in Florida
My dad passed away last February, leaving my mom with a high mortgage and a credit card with a balance of 27000.00. She has been able to keep the mortgage payments up to date, but the credit card was supposed to have been written off by the credit union that holds it. Now she is getting served court papers to appear in court for this creditor. What is she supposed to do? Is this the normal process for this type of thing or will she be ordered to pay this credit card off. She is living on the edge of her income.
2 Answers from Attorneys
Your mother's liability for the credit card debt depends on whether she is a joint holder
of the credit card. Does her name appear on the card, account, or agreement? The serving of summons and complaint indicate that she is a card holder. If so, she is liable. A judgment against her for the debt could be used to attach wages, bank account, or other assets, except for the homestead residence. One option would be bankruptcy. If her name is not on the card, account, or agreement, she is not liable for the debt.
Be sure to answer the summons and request all the account information - agreement, signature etc.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
