Disabled relative on SSDI served papers

[Wowzers]

Hi, a close relative of mine lost everything and became disabled two years ago. His only income is SSDI and his personal assets likely amount to less than $2,000. He just got served papers from one of the creditors for court date. Due to the nature of the injury he doesn't understand the papers.

I am going to try to get copies but I assume that even in his case, it is important to appear or respond to this sort of summons, correct?

[AngelinaCatHub]

Many would advise just to let it go, as your relative is certainly 'collection proof'. However, I always advise that he or you as his representative should appear in court and challenge the suit. While he is 'collection proof' right now, a summary judgment can last for up to 10 years, depending on your state. Also, that summary judgment can be renewed for another like period. Your relative may improve in health and be able to hold a small PT job, or may fall heir to an inheritance. If that judgment is still hanging out there, and depending on what assets you relative may accumulate in the future, the creditor holding that judgment may be mean enough to step in and try to attach anything that he may have, if it isn't covered by the state exemptions. 'Hub

[TRfromillino]

and how sad is that?

[Wowzers]

Good point. He may be able to work part time in the next couple of years, so we will make sure there is a response and that they understand he is collection proof.

[despritfreya]

Filing an answer to the suit is not the issue. While filing the answer will delay the entry of a summary judgment (or any judgment for that matter), if he has no defense to the suit (he "did not do it" or "does not owe it" or "it's not collectable because it's beyond the statute of limitations" or the Plaintiff "has no standing/is not the proper party to bring the suit" etc.) a judgment is eventually going to be entered against him.

If he goes back to work he may need to file a bk to get rid of the debt/judgment, but, until that happens it appears that he is judgment proof.

Des.