Legal Question in Civil Litigation in Illinois
Parent's Debt
My Mother is 84 years old. My younger brother is 49 years of age. My brother lost his job. My mother allowed him to use her credit card to pay for food and gas for his car. He ran up a bill of over $17,000 before my mother realized what he had done. My brother said he sorry, and promised to pay the balances on installments. He made the first couple of payments and then has paid nothing since November. The credit card people are now coming after my mother.
Since the card is in my mother's name, I realize she will be held responsible for this tab. However, do we have any legal recourse against my delinquent brother, since he did promise to make the montly payments, acknowledged the debt was his and made the first payments. Please advise.
4 Answers from Attorneys
Re: Parent's Debt
Of course you do, but is it worth the cost and trouble if your brother is down on his luck and not good for the debt?
Shell Bleiweiss
http://www.shell-bleiweiss.com
Re: Parent's Debt
there are a few things you can do, I suggest you get an attorney to help you. I'm not sure I would take the case, but I would talk to you.
Re: Parent's Debt
You certainly could sue your brother. However, collectiong on the debt may be a problem since he does not have a job and probably is low on assets.
You probably should consult with an attorney in order to figure out the best way for your mother to get out of the debt. for example, if she is short on money to pay the debt but owns her home outright, a reverse mortgage might be in order. She would be able to pay the debt and not have monthyly payments to worry about. As I said, talk with an attorney. Good luck
Re: Parent's Debt
You can sue him.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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