Legal Question in Credit and Debt Law in Virginia

Credit card debt
My 76 year old mother who lives off of Social Security and owns a modest home has just been summoned to court. She origionally owed Sears around $9000 for a central heating and air system. She made payments until they upped the minimum payment and she couldn't pay. She hasn't made a payment in a couple of years. Her health is so bad that she is homebound and couldn't appear in court even if she wanted to do so. My siblings and I are at a loss as to what to do. Should she appear in court? The amount owed is now up to $14,000. Do we need to appear for her? Do we need to file anything (motion for disclosure, motion for installment payments, ?)? What should we do for her? What is our best course of action? Since she owns the home and lives in Virginia, bankruptcy is out. Please advise.

Asked on 12/01/08, 3:56 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

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Re: Credit card debt

She should get a lawyer to appear in court for her. The creditor may not be able to prove the case, and a lawyer could also try to negotiate a settlement. If that does not work, while a Chapter 7 bankruptcy would not work because she would lose her house, a Chapter 13 would at least allow her to pay over time and stop interest from accruing.

Answered on 12/01/08, 4:06 pm

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