Expert: Ray A Miller - 2/23/2011

Question
Hello,
  My mother is 78 yrs old, is legally blind, and has Alzheimer's disease. About 2 weeks ago the sheriff came to her door and delivered a subpoena to appear in court. She is being sued by a debt collection agency (Not the original creditor) for a little over $8000. This is on a credit card debt that she/we quit paying on approximately 2 years ago because we just didn't have the money. My mother's only income is from social security, supplemental aide to the blind (which she has only been receiving for a little over a year now), and a $50 pension. My father, who is 87 yrs old and also on social security is not listed on the debt.
 As mom and dad's power of attorney I need some advise on what to do. There is no way possible that my mother could appear in court or represent herself. Please help.
Thank You,
Jax

Answer
Unless your mother owns property, it sounds as if she is judgment proof.  None of her income can be garnished.  If she is sued and does not show up for court the judge will issue a default judgment but, under the circumstances, it will not mean anything.