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FiveStarLaw
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Experience:  Bankruptcy Lawyer. Experienced.
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In the state of AZ. My mother received a summons for a credit

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In the state of AZ. My mother received a summons for a credit card my father opened in his name for a huge amount of debt. My father passed away just prior to the service of the summons. My mom had no knowledge of the debt and is completely broke and because she still has property without equity cannot get free legal help. The summons incorrectly had my father's name on it, leaving off the "sr." at the end of his name. We are not even sure if the so called attorneys are representing the bank of the credit card or if they are really a collections law firm or if these charges actually do exist. We now only have 10 days to answer and we still have to plan the funeral which will take place cross country. Please help. Signed Frantic with no time & no money.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 3 years ago.
Hello,

So sorry to hear of this dilemma and the loss of your father. If my answer is not clear to you, please ask me for clarification by using the reply button.

Neither you nor your mother have the authority to answer the summons. Since your father alone is being sued, only an executor of your father's estate can answer the complaint. You may want to consider not taking any action. If the judgment is entered in your father's name, based upon the information in your post, there are no assets that it can be collected against
Customer: replied 3 years ago.
THIS I NOT THE ANSWER I EXPECTED TO HEAR, I PAID FOR A DETAILED ANSWER. THE RESEARCH I HAVE COLLECTED THUS FAR HAS TOLD ME MORE THAN YOU ARE GIVING ME.

IGNORING THE SUMMONS WOULD PUT MY MOTHER IN DEFAULT AND A JUDGMENT WOULD FOLLOW, THAT IS NEGLIGENT ADVICE. YOU HAVE NOT ADDRESSED AZ LAW, OR THE INCORRECT NAME ON THE SUMMONS, AFFIRMATIVE DEFENSE, POSTPONEMENT OR HOW TO PROVE WHETHER THEY ARE COLLECTIONS OR A FIRM REPRESENTING THE BANK.

While the summons states that my father opened the account it also states that my father ordered a card for my mother which she has no recollection of. My mother is the executrix of my father's estate but the summons also states that both my parents are liable for the debt because as I confirmed, AZ is a community property state meaning the spouse is responsible for the other's debts. From what I could gather, if she does not answer within the 20 day period she will have a judgment against her and they may take any belonging in her home that total in excess of $4K which is an issue and freeze her social security checks once deposited and that they may take any equity to satisfy the debt that is over $150K which is not an issue.
Expert:  FiveStarLaw replied 3 years ago.
I realize all the information that you have posted and I understand that you are upset but I am trying to help you. Since the summons is in your father's name alone, the judgment can only a be against your father -- not your mother. Additionally you do not have the authority to respond. if you would like me to clarify something please let me know specifically
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36412
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
NO, MY MOTHER IS ALSO NAMED AS A DEFENDANT.
Customer: replied 3 years ago.
Relist: Inaccurate answer.
I CLICKED THE WRONG BUTTON "ACCEPT" WHEN I MEANT TO CLICK RESPOND. THE ADVICE WAS ABSOLUTELY INCORRECT ACCORDING TO AZ LAW.
Expert:  FiveStarLaw replied 3 years ago.
I did not realize that your mother was a defendant. Thank you for that additional information. What court was the action filed in?
Customer: replied 3 years ago.
MARACOPA COUNTY
Expert:  FiveStarLaw replied 3 years ago.
my question was which court not which County
Customer: replied 3 years ago.
I DON'T UNDERSTAND WHY I AM CLICKING ACCEPT WHEN I DON'T HAVE AN ADEQUATE RESPONSE TO MY QUESTION, IF I DO, WON'T THAT END MY SESSION?
Expert:  FiveStarLaw replied 3 years ago.
I am going to open your question to another expert as we apparently are unable to communicate
Customer: replied 3 years ago.
May I continue this session either later this evening or tomorrow morning? If so, how do I log on to this session again. I have an appointment in 15 min
Expert:  FiveStarLaw replied 3 years ago.
certainly.

Here is the link
http://www.justanswer.com/bankruptcy-law/58kr9-state-az-mother-received-summons-credit.html
Customer: replied 3 years ago.
Dear WebLaw,

So far, I am no closer to Answering this summons than I was with my first question and it appears as though I have been charged for my session when I am not satisfied with the answers I have been given.

1. A Summons was served to two people a husband and wife in AZ for credit card debt by a law firm claiming to represent a Bank Capital One. We are unsure whether this is actually the bank suing or if it is a collection agency attempting to sue for the bank's debt. This I understand is FRAUD, how do we answer the first part of the complaint as to Plaintiff is a national banking assoc.? Denied? or Neither admit or deny and How to word a demand for proof that they are the representatives of the bank, not a collections law firm????

In their affidavit it states that they are a "litigation support representative and authorized agent of plaintiff capital one familiar with the manner and method by which Capital one maintains business records and defaulted accounts"

2. The card was allegedly opened in the husband's name with a courtesy card for the wife. She has no recollection of the card or awareness of the debt. The husband passed away 10 before the summons was served. In the Answer can she demand proof of the contract between her husband and the credit card company and proof of all the charges with original signatures for both? If so, how do you word it?
2. The husband named is the incorrect name on the summons, his legal name has "Sr." after it and nowhere is there Sr. on the summons or complaint.

3. Third count states both defendants entered into a contract with Plaintiff for credit card services. The husband allegedly entered into the contract but in AZ it is community property so is the wife responsible for the debt?? she has no recollection of this charge card or the charges. How to answer? denied. and how to ask for proof of this in the answer???

4 fourth counts states Defendants breached contract by failing to pay as required and last payment was May, 2010. again wife has no recollection of account and husband is deceased how to answer and ask for original signature on docs??


5. fifth count states Defendants owe the plaintiff thousands of dollars again how to answer and demand proof of original signature on documents???

6. sixth count states Plaintiff made demands for payment but defendants failed and refused to pay. wife has no knowledge of these demands or recollection of charges. How to answer denied and ask for proof that demands were made????

7. seventh count asserts Plaintiffs have right to recover atty fees in accordance with the "contract" that the wife has no knowledge of and has not seen it from Plaintiff with an original signature. How to answer and respond to demand proof of original contract????

Lastly, how to ask for a postponement for at least two months to make funeral arrangements and recover from the death of her husband. And what about an affirmative defense??? How would you word that?

I would like an answer to each and ever one of these questions. I paid $45 which was the maximum for a very detailed answer with the highest level of urgency, we now have 8 days to answer this. If I cannot get the answers to these questions as they were asked I will not be "satisfied" as your guarantee states so please advise me that you are unable and refund my money as promised timely so I may seek other counsel. Time is of the essence in this matter. Thank you.

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