Legal Question in Civil Litigation in Oklahoma
Contempt of Court
61 yr old with dementia, missed court date, didn't remember anyone serving him, but they did,court was for proof of assets, he is being sued by the credit card company for nonpayment, will they give him jail time for contempt of court?
2 Answers from Attorneys
Re: Contempt of Court
It is unlikely he will go to jail for missing the court date, especially if he indeed has dementia. Depending on what is owed, what are the assets, and the status of the debt and efforts to recover it, you may want to get an attorney involved and consider guardianship for him to assist with his affairs.
Re: Contempt of Court
If in fact he has dementia. This is all the defense he needs and it is his a legal defense to avoid court all together. He should not be ordered to answer in court due to mental incompentence to stand before the court, particularly, if it concerns his estate or assets. The only time a credit card company should be involved with his assets is if they have assets that were already assigned as collateral under their their contract or agreement to provide these services. This does not appear to be the case and it is not a usual practice for a credit card company. If they do, they would not need the court order. This all sounds suspicious. I recommend that you get an extension from the court; read the contract with this credit card company and get a Power of Attorney written up immediately as executor and administrator of all of his financial or personal affairs; if no one had not already been appointed. Make sure it is notorized! Either way, he should be declared mentally incompetent to stand before the court or to stand trial, let alone be found in contempt.
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