Legal Question in Credit and Debt Law in Michigan
civil case to a collect credit card debt
85 year old mother with absolutely no assets, only gets a Social Security check, lives check to check.
Card Co is attempting to collect about $1800.00 in alledged payments and court costs. Mother has asked for details of charges and more explaination of card useage, has been refused that unti a hereing. Mother had this charge card but doesn't remember a balance or using the card, we know from a credit report she had the card and it has not been used since Oct of 2006, she has not received a bill in about a year. With no assets what can we expect in court, the credit card company expects total payment. If the court settles in favor of the card company, my mother cannot pay the settlement, she can probably send a token payment of $10-20/month.
1 Answer from Attorneys
Re: civil case to a collect credit card debt
If you are represented by legal counsel, you can likely expect a more favorable result than if not. It seem unreasonable for the creditor to refuse to present the reasonable request for information and indeed this refusal arguably misrepresents your mother's legal rights, in violation of the federal fair debt collection practices acts.
Due to the age of your mother, the creditor must tread lightly and it sounds like they have not. Please retain counsel for your mother. I would be glad to assist if you so desire.
If you would like further information, free legal advice, or legal representation, please do not hesitate to contact me at www.lawrefs.com.
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