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Attorney2020
Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 2578
Experience:  Estate planning and wealth preservation attorney.
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I am a resident of LA. In 2004 my now 89 year old father had

Customer Question

I am a resident of LA. In 2004 my now 89 year old father had an attorney do an Act of Donation Inter Vivo's on the home/property donating it to me, his daughter, granting him "lifetime usufruct." The property has been paid off since 2012. My father was diagnosed via PET Scan with moderately-advanced Alzheimer type dementia in 2013. I am his sole caregiver. I had to quit my job in 2013 after his diagnosis in order to care for him. I have no income and am not in the best of health either. I received a Citation from Discover Bank stating I am being sued for $3141.06. My father unknowingly accepted the Citation on my behalf. The petition states that I was sent a "demand letter," which I am unaware of. It states that if I do not remit to them payment in full or file an Answer or legal pleading within 15 days a judgment will be rendered against me without further notice. I do not know if they are aware of the property donated to me in 2004. My question is if they are aware of the property donation, can they place a judgment/lien on it, even if my dad has lifetime usufruct and is still residing in the home (which is where I take care of him 24/7). I do not have funds to pay for an attorney. I had always had perfect credit, but, circumstances beyond my control, after my dad becoming ill, have destroyed that. Is there any way I can avoid a Judgment? What if any or my options? Please help. Thank you, Lori
Submitted: 1 year ago.
Category: Estate Law
Expert:  Attorney2020 replied 1 year ago.

Hi,

I will be assisting you today. Please give me some time to review your question and provide an answer.

Expert:  Attorney2020 replied 1 year ago.

Options;

(1) Contact the creditor and propose a settlement of 10 cents on the dollar. Sometimes creditors take low amounts to avoid pursuing judgments against debtors.

(2) File an Answer and require the creditor to provide with admissible evidence that you owe the judgment being sought against you. There are evidentiary standards that the creditor must meet in order to procure the judgment.

(3) Do nothing. This will create a risk that a judgment will be entered against you and wages garnished or liens laced against assets.

Options 1 and 2 may be best. File an Answer to the Complaint to preserve your defenses and then negotiate with the creditor for 10 cents on the dollar to avoid any further litigation may be best.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 1 year ago.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 1 year ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 1 year ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 12 months ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 12 months ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 12 months ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 12 months ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.