Expert: Regan Shinski - 9/22/2009

Question
Can I represent my mom who is 88 yrs old in court, she is in poor health and I have power of attorney?  Also where can I find step by step instructions on how to answer this complaint received?  I asked Midland Funding for VOD twice but never heard anything until this complaint. I can't afford a lawyer and would like to answer the complaint but am not sure how.  They have not proved that my mom owes this amount, I do know she had this credit card at some time.  The statement they sent states they bought the amount from this credit card.  Help, I need to answer ASAP and I don't know how.

Answer
Hi Linda:

I'm sorry you are in this position.  If you have power of attorney, you can represent her.  You will need to provide that proof to the court.  You can also seek a delay (if it will help you) in the court date due to health reasons.  This can buy you more time to get your response in order.

The answer to the complaint can vary by court.  If you have not already, I suggest you go to that courts website.  Most have documents, FAQ's, and other information that can assist you.  I would also STRONGLY suggesting looking for a pro-bono attorney.  Many non-profit organizations, senior advocacy agencies, and other groups can refer you to the appropriate people.  The court's website may also have information.  A step-by-step set of instructions is difficult because it will vary by court and really should be customized to the complaint you received but the court and these advocacy groups are the place to start.

If you have time (try and get a delay), you should try and get even more aggressive.  Have you pulled her credit?  Disputed the accounts?  Are they reporting correctly?  Did they violate the FDCPA?  Is it within statute of limitations?  Disputing and sending another round of validation letters can help you in court.  If they have violated the FDCPA (sounds like they may have already if you already asked twice), this is often the facilitator to removal of the credit account and forgiveness/settlement of the alleged debt.

Do NOT talk on the phone unless you are LEGALLY recording it.  Try and send everything certified mail and obviously keep all records and timeline handy.

I hope this helps.

Good luck,
Regan

p.s.  BTW, they have to sue her in the appropriate venue.  Generally, this is a court in her state, closest to her primary residence.  You can have the case dismissed if the court doesn't have proper jurisdiction.