My 23 year old daughter was served today with Summons/Notice to Appear for Pretrail Conference.Mediation. Credit Card Captial One. She is on SSI due to mental and emotional disabilities. I have power of attorney on her since she is 18 years old, SSI papers state that she doesn't understand or know the value of money, and therefore made me her PAYEE. She is unable to read/write above 3 grade level. HER FRIEND helped her fill out credit card applications, and the idiots actually sent her a credit card. I had taught her how to use a debit card, because she is unable to count money, and therefore was getting ripped out when receiving change. At one point, I had allowed her to take care of her own bills, however, she proved she was unable to do so, when she had no explanation as for what happened to her money for the month and bills weren't being paid. I have several questions. IS this debt legal? Because I have power of attorney can they hold me responsible for this debt even though I signed nothing? Can they garish her SSI check? Her bank account only has SSI funds in it, can they garish that? I'm in the State of Florida. She received a letter from credit card companies attorney, stating that she should call them to see if they can settle before her court date. Due I call them, and explain the situation? DO I just show up in court and explain this to the judge, and bring copies of her disability papers and power of attorney? Someone please help... thanks
I am not a lawyer but if you have access to free legal aid in your city/county seek it out if you can, I would try a local law library (usually near your local court house) or law school. I also had luck with women’s groups, or even your local church/community center. That been said please understand I am not point any blame, but the first thing I have to ask (and mostly what the court will too) is why didn’t you cancel the card once you learn of it? Once again I am not a lawyer, but I believe you would have to prove the card was attained by fraud, meaning the friend signed the paper application or clicked here to apply for this card on-line for your daughter without her consent iMHO this debt would be concerned hers. You/your daughter would have to pursue that friend in court, and the police would be involved. So the good news, per federal exemptions SSI payments are exempt from garnishment, and if you claim head of household for her or anyone that is the main provider for one or more dependents is exempt from having their wages garnished and has 100 percent homestead protection in the event of a lien on your home. Assuming you file your homestead exemption. You have to answer the summons, once again I am not a lawyer, but your daughter is a very favorable uncollectable position. She has no wages, her only funds are federal exempt and if you claim her as head of her household your wages and home are exempt. But just calling the lawyer and explaining this will not make the summons go away. I Googled “answering a Florida summons” and there were forms from Miami-Dale county, I am sure you could find your county on-line too. If you can’t then just call the court house and ask what forms you need. IMHO you would do better in mediation vs. the lawyer, but be ready to explain why the card was not cancelled once it was discovered why it wasn’t being paid. Good luck, and keep within the deadlines in the summons; if you fail to answer and a default judgment will be entered then it’s fighting to have moneys return because of attempts of garnishment on exempt funds.
I didn't cancel the card because at the time, my daughter wasn't living with me, she was living with her Uncle, and therefore I didn't know about the card. She is quite difficult, a full time job in itself, and my brother gave me a break and took her in for a year. So, I need to write a answer to the summons, and mail this to the court? I don't claim her nor does my husband, and actually at the moment, she is living with my parents, who also don't claim her. Naturally, she doesn't file a tax return either. This is just a mess. She's not mentally retarded, slow, dyslexic, with major emotional problems. Her SSI award papers even state that she has NO consent of money.
Who made all the charges on the card? Your daughter or her friend? Also, how much debt are we talking about here? As was already mentioned, you need to make sure you file your answer within the allotted amount of time. Don't let them get a default judgment against you.
HI Not knowing where you live in FL here are some links to some low-cost / free legal aid (if you/your daughter qualify) Court Programs - Self-Help Legal Aid www.floridalawhelp.com Also try womenâ??s groups, law libraries, law schools, paralegals etc. IMHO you are going to have to get some sort of legal advice here, as this is more than the average â??used the card, canâ??t pay, got suedâ? situation. Answer the complaint, the floridalawhelp site has a two page how to answer the summons pamphlet and yes you will have to mail it to the court as well as the plaintiff. Not to be disrespectful but mental capacity seems to be your main reason why your daughter might not be responsible for the debt. But ready to answer how she was capable of applying, activating and using the card â?? but not capable of paying, and why all collection attempts were ignored. This is where you need the legal help. Now Joshua brings up excellent points (as usually) who really used the card? How much is to total debt? How old is the debt? I know itâ??s overwhelming but the more information you gather the stronger you make your case. Good luck, watch those deadlines, get an answer in to the court/plaintiff, donâ??t get a default.
