Legal Question in Credit and Debt Law in North Carolina

my dad is 77 and had a stroke in 2009.he got a letter of notice to go to court. he can't afford a lawyer and court costs. how do I handle this problem?


Asked on 2/28/13, 3:27 am

2 Answers from Attorneys

Kenneth Love Ken Love Law

Call Legal AId of North Carolina in your county to see if they can represent your father for free. Some senior organizations in many counties have resources to assist as well.

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Answered on 2/28/13, 4:03 am

Why did your dad get a notice to go to court? People just don't get notices to go to court. Your father is not subpoenaed as a witness in a case is he? Or summoned for jury duty (he would be exempt because of his age).

If it is not one of these types of matters, then your father did not get a notice to come to court. It means he got sued, probably for a debt of some kind (since you posted in credit, debt collection law, I am making this assumption).

If your father was sued, what for? What would going to court accomplish? If its for a debt, does he owe it? What assets does he have? Would it even make sense for him to go to court? How much is owed or sought in the complaint? Does your father have any ability to pay on the debt?

Unless you have a financial power of attorney over your father, you cannot handle this problem unless you are a lawyer (my guess is you are not or you would not be posting here). Otherwise, your father will have to hire a lawyer on his own. While he can try the services suggested by Attorney Love, Legal Aid is overworked and it depends on where you live - I don't know what services are really available to seniors in terms of legal help..

If your father was sued for a credit card debt, I give free consults via email and charge $50 for a 30 minute phone consult. If you have a valid financial power of attorney, I could discuss your father's case with you. Please contact me at [email protected] if interested.

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Answered on 2/28/13, 12:48 pm


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