Legal Question in Credit and Debt Law in Massachusetts
a friend is in her late 70's and has a small claims case in dec 2012 an atty is suing her for credit card debt (chase bank) attny for collection agency is suing in 2010 she fell on hard times and couldnt pay anymore bil was approx 5300, now w/intrest late fee and court cost of 150.00 its up to approx 6500.00 she is on ss disabilty (956.00 mth) and after bills and living expenses shes lucky to have 20.00 left...should she file an answer and show roof of social security or just go to court and show proof there and plee her case....
1 Answer from Attorneys
If all her income is from ssdi, then she is what's called "collection proof". If it's a small claims case, you don't need to file an answer. If you want to file an answer or when you're at the small claims trial, I would suggest quoting Mass. Gen. Laws ch. 224, section 16, which states that a supplementary process case must be dismissed if the debtor is over 60 or handicapped and has no collectable assets. Technically, this doesn't apply to you yet, because supplementary process is a collection hearing, not the trial, but it could persuade the clerk in the small claims action to dismiss the claim simply because there's no point to a judgment since it'll just be dismissed later anyway.
Hope this helps.
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