Legal Question in Credit and Debt Law in Pennsylvania

Re: retarded uncle can't pay cr card bills

Assuming that the credit card companies had no knowledge of your Uncle�s condition, he is probably liable for the debt. There are 2 things he can do.

1. He can ignore the creditors who will call, write and maybe even sue. If they sue, they will obtain judgments and can try to enforce the judgments. That would involve a possible sale of his personal belongings.

2. He can file a Chapter 7 bankruptcy to discharge the debt. The only concern I have is his capacity to understand the bankruptcy process and know what he is doing. Arguably, if he can be held liable for debts, he can knowingly discharge them in a bankruptcy.

If he wants to file a bankruptcy, the fees will likely be about $1,500.00 plus the costs of $299.00. If he can�t afford that and no one can help him pay that fee, he may qualify for the Consumer Bankruptcy Project which is a non profit helping debtors who cannot afford counsel.

I trust this answers your question but feel free to call or E-mail on a free initial basis.

Re: retarded uncle can't pay cr card bills

You asked about bankruptcy.

Really, that's what your question did.

Your uncle needs to speak with a law clinic that can help him file for bankruptcy.

While this is probably a simple matter to get through bankruptcy, it's not cheap and not easy. Filing bankruptcy will cost about a couple of thousand dollars in costs and fees but if he is very poor he may be eligible to file -in forma pauperis- (without paying fees).

More important is getting your uncle to understand that he can't use credit but instead must create a budget and live by it. You should also see about locking down your uncle's credit reports so that this doesn't happen again.

Please contact a local legal clinic or law office right away to see about filing.

Regards,

Roger