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thebelleoftheball

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    Indianapolis, IN

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  1. Also, though he doesn't qualify for disability forgiveness on his student loans, we have now located the form that would allow us to apply for deferment based on income hardship, so we will be submitting that to hold off the student loans until he is able to go back to work. He currently still has the deferment in place that we obtained in September, & he only has 2 years of public service employment left before he becomes eligible to apply for public service employee forgiveness (which is possible after 10 years of employment in a public service/non-profit field).
  2. They are federal student loans, but disability forgiveness is only an option for those on 5+ year disability, and he is set to be reviewed at the 2 year mark (we already tried this). Here are the debts we're dealing with: $828- Midland Funding (the debt this post pertains to) $2,003- Capitol One credit card (just received on Friday, for which we are in the process of writing a letter to the collector to request validation of debt) Appx. $8,000- balance left on his car note after his idiot mother handed it over to the creditors while he was in a coma. Our plan is to sue his mother for breach of fiduciary duty (which involves more issues than I've disclosed here). We're hoping if we can just deal with the pending lawsuit, & settle the other two debts, we will be ok to proceed with our lawsuit against her to get back the money she liquidated from his retirement, pension, etc. that remains unaccounted for.
  3. Ok, so the attorney in Indianapolis that I've been emailing with just told me that if this were all taking place in our city, he'd drive down there & sort everything out, but because this is all happening in a courthouse that is so far away, he won't be able to help us (I understand this, it's just frustrating that he can't send a letter or something, since that would probably be taken more seriously than a letter from my partner). I contacted the attorney @nobk4me suggested, but am still waiting to hear back from him. My partner's credit was fair/average before his brain aneurysm, and he was being responsible in keeping up with his car and credit card payments by having them auto-debited from his bank account, arranging payment plans based on his income (he was a social worker for the department of child services before he became disabled), etc. It's very upsetting that he's now looking like a bum who didn't pay his bills, all because his mother had the attitude of "he'll probably never recover, so why should I bother managing his affairs with any genuine concern or effort?". There were several instances of her nonchalantly saying, "He can just file for bankruptcy later." Ugh...the whole thing makes me sick to my stomach. Neither my partner nor I have experience with matters like these, so we are both extremely grateful for the help everyone here is giving us. I'm trying so hard not to panic, but it feels like everything (there are new letters coming each week about different credit cards/student loans that neither of us were aware hadn't being handled during his incapacitation) is happening so suddenly, & we both feel completely blindsided. He has such difficulty communicating, it's hard for him to really sort through all this with me, so I really appreciate all of you here who are helping me, because I'd be totally alone on it otherwise.
  4. Thank you for explaining to me about the filing time, that makes sense. The guardianship was terminated in July of 2017. No guardianship currently exists, as he no longer needs one. The only reason I am on here asking questions on his behalf is that he still struggles with organizing his thoughts in writing (particularly if the matter is complex).
  5. Also, one more question (you seem extremely knowledgeable about all of this, so I'm sure you can help me understand)- on the actual summons, in the upper right corner, it says, "Filed: 2/14/2018 3:03 AM", then "Clerk" on the next line, then the county/state. How on earth was this filed at 3:03 a.m.? Would the clerk's office not be closed at such an hour? I'm certain I must be misunderstanding something about this part.
  6. Yes, it is a North-South distance issue. The court is in the upper northwest corner, near Chicago. We live in Indianapolis.
  7. Thank you so much for the information. I am going to try contacting the attorney you suggested. I have been emailing back & forth with one in my area since shortly after posting my question, but he is just asking basic questions so far, & I'm not sure if he'll be willing to help. He is 2 1/2 hours away from the courthouse because the summons came to the home of his former guardian (his mother). She had her address listed as his because she was his proxy. However, I moved him home to our house in October. I surely hope there is never a warrant for his arrest over any of this. I don't know what on earth we would do if he were made to go to jail, as he is heavily dependent on myself & his home health aid for even the most basic of everyday activities (showering, medications, getting dressed, assistance with mobility, etc.). I'm really upset because I got on our state's case search online today & discovered a judgement was decided against him in September of 2016, which was very shortly after he'd come out of a coma & was still largely unable to move, speak, or even respond to simple yes/no questions. This is the entire reason a guardianship over him was established- so he could be protected & have someone acting in his best interest. I knew his mother was doing a terrible job handling her duties as his guardian, but I had no idea it was to such an extent that she actively decided to not address a lawsuit against him- we are in this mess to begin with due to her shutting down his bank account (from which his credit card payments were auto-debited each month), turning his leased car (which he'd never missed or been late on a payment with) over to the creditors (which left him with no vehicle & an $8,000 debt, as the car was auctioned for less than he still owed on it), & purposely ignoring calls from the company handling his student loans (which were also auto-debited from said bank account). I'm so sorry for rambling on, I just can't believe any of this happened, from him having a massive stroke & aneurysm to his own mother destroying him financially while he was helpless & dependent on her to protect his interests. It's all just incredibly wrong, & I'm going to try my best to make anything right for him that I can. Again, thank you for the information.
  8. Hello, I am new, and this is my post (I hope I am doing this correctly). I am asking this question on behalf of my partner. A summons to small claims court for a credit card debt collection in the amount of $828.51 was sent to the home of my partner's mother (who was his guardian from April of 2016 until July of 2017, after he suffered a debilitating brain anerusm). His mother informed us of this summons having been posted on her front door on February 18, 2018. She scanned and emailed a copy of said summons to us. My partner does not live at his mother's address, nor has he lived at her address in well over twenty years. After leaving a care facility in September of 2017, my partner finally was able to come home (our home is 2 1/2 hours away from where all of the brain aneurysm-related issues took place). He wants to fight the debt collection in court, however, because we do not believe he has been given proper service, and has also been shown no proof the debt is his, nor does he even remember having the particular credit card in question. We are unsure of how to proceed, as he is disabled and unable to drive to the courthouse 2 1/2 hours away to address any of this. A letter arrive in the mail yesterday at his mother's house from the court, which she informed us she marked "Return to Sender, Does Not Live at This Address" (because, well, he does not live there), and set out to be collected by the mailman. The trial (according to the case notes listed on the online database for our state) is scheduled for April 18, 2018. He is not willing to have a judgement issued against him without fighting it, but he does not believe he's being given due process. Could someone please advise us on how to proceed? Also, I'm not sure if this is helpful/relevant information, but the creditor bringing the lawsuit against him is Midland Funding, and my partner is currently an SSDI recipient (he has no other source of income, nor any assets). Thank you so much to anyone who may be able to provide helpful advice!
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