Legal Question in Credit and Debt Law in Massachusetts

Re: My Dad

If he can't pay, then he can't pay. If he has no savings and no assets, then he's judgment proof. So even if they sue him and win, they won't get anything.

Re: My Dad

Attorney Cheong's analysis is correct. They will be unable to collect anything from your father if he has zero assets and collects only enough to live.

There are other things to consider, however, like whether the debt is valid, and might be challenged.

If a proper answer is not filed with the court within 20 days of receipt of the summons, the credit card company will move for default judgment. Unless contested, it will be granted, and the credit card company will be issued a judgment and execution.

The credit card company can attempt to collect during your father's life and even make a claim against any assets in his estate.

Depending upon a number of facts, it may make more dollar-for-dollar sense to challenge the debt (if valid) now and negotiate a favorable settlement. However, if a settlement of the debt is not possible, you could simply ignore the suit.

It is hard to know the best course of action without weighing all of the circumstances. Feel free to contact me if you would like to discuss this matter further.

Re: My Dad

I am sorry that your father is ill. If he is incompetent, your power of attorney would be void unless it is a durable POA that allows you to act for him even if he is incompetent. However, it might be advisable for you to file a petition in the Probate Court to be appointed as his Guardian so you can deal with his creditors and especially this law suit on his behalf through the attorney you retain to become appointed as his Guardian. Good Luck!

Re: My Dad

YOur dad sounds judgment proof.

Re: My Dad

It may be that your dad needs to have a guardianship or conservatorship appointed for his affairs, depending upon the circumstances (ie; whether you have a durable power of attorney, whether in fact your dad is incapable of making his own decisions etc) Lastly, it may be that your dad is judgment proof, which would mean your dad has no non exempt assets upon which a creditor can levy.;) It is all very fact specific and depends upon your dad's specific situation.