What a debt collector sue someone who is ill and has no assets?

UPDATED: Dec 19, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 19, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What a debt collector sue someone who is ill and has no assets?

Got a letter from a credit card company stating they will sue my mom. However, she who owns nothing, is sickly, has dementia and would not be able to go to court. Working with debt consolidation but getting no where. My mom’s social security is very low and she has no assets at all. If they continue to sue will I be able to go to court to fight her case. What are they chances that they will pursue this that far?

Asked on December 19, 2011 under Bankruptcy Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless you are your mother's legal guardian, you will not be able to take legal action on her behalf (e.g. fight her case in court)--of course, if  she has dementia, she may need a guardian anyway.  Independent of this issue, you should speak with an elder law attorney about whether you can appointed her guardian, if you are not already.

If she has no assets and no income but for social security, she may be effectively judgment proof--i.e they won't be able to get anything from her, even if they win in court. You could try writing a letter on your mother's behalf to the creditor, letting them know this, and seeing if that will disuade them from continuing.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption