Legal Question in Credit and Debt Law in Indiana

Mother is being sued

My mother is 76 years old. My step-father passed away in May leaving her with 3 credit cards debt totaling $10,000. She is being sued for one of the cards currently. She has sold her belongings, moved to a retirement center and is now on food stamps. My concern is that if a judgment is taken against her is there a possibly that she could be put in jail for being unable to pay her debt? She can't file bankrupcy as they have filed within the last 7 years. I have offered to settle on the one card, but am unable to pay for all three. Also since I am paying the one debt can the collectors come back to me for payment? Any help would be appreciated.


Asked on 10/29/02, 9:13 pm

1 Answer from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Mother is being sued

They can not put her in jail for being unable to satisfy a judgment. If they get a judgment, they can try to collect it just like any other judgment. It is illegal to threaten things like jail to collect the debt, and they certainly can not have her jailed. If a debtor tells a debt collector in writing to stop contacting the debtor, the collector must stop communications. It is not clear from your description why your mother is liable for the credit accounts of her late husband.

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Answered on 10/29/02, 9:29 pm


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