I have a few questions for some of you experts. My mother in law was served on 3/30/06 for an old Discover Card from a law firm in KC called Cohen, McNeill and Pappas. They were giving us the run around about giving her a settlement, basically because my father in law had passed away in Sept of last year and all she was living on was his Social Security. She could not give them a lump sum. So, the paralegal told her that she could make $50.00 payments a month but if she didn't show up to court on 4/24 that they would give her a judgment and that they could put a lien on her house. I found out from the paralegal that the last payment she made was 3/29/01...coincidence. I was told that the Sol in MO was 5 years. Is this true and does she need to go to court on Monday or call the law firm and tell them that she knows that the SOL is 5 years? Thanks for the help!
Does she have an attorney?? She could get an extension. How is she sure that she even spoke to a "paralegal"? Did the person state on the telephone that they were a "paralegal"?? Whatever the case, pro se or professional representation, your mother-in-law should *definitely* show up in court on Monday because they really could obtain a default judgement. Don't rely on the word of the "paralegal". Get the credit report copy and check back payment records. When was the summons filed in the court? What's the date on it? Was she the owner of the account or was her late husband? Check how the account is listed -- any violations? By all means go to court and file for an extension but don't rely on the word of the "paralegal." Don't affirm the debt over the telephone or make a settlement until you check the evidence. The "paralegal" isn't motivated by your mother-in-law's interests. Definitely, go to court on Monday! Try getting representation or filing for an extension at the courthouse.
