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Question
Our family had a small business that the assets were sold off in 2000. Apparently there was an outstanding credit card left unpaid. The collections agency was calling my elderly parents about the debt, which they firmly desputed, as they never had this credit card personally. We think it may have been left over from the sold business. Nonetheless, my father received a "SUMMONS" that he is personally being sued by the plantiff "Capital One". There is no date on the summons, only that we must answer the complaint by an attorney or my father. What should we do?? We reside in Indiana
He needs to dispute this debt and demand verification that he owes it. He needs to put this in writing and send to the courts. Make sure you read the summons and follow their instructions for filing the answer. They must prove he owes the debt. If he is elderly and on a fixed income he may be safe from attachment even if they do get a judgment. Fight the case. Just state your (his) position and let the judge decide.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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