Legal Question in Credit and Debt Law in California

My mother in law is being sued by discover for 12k..they are trying to serve her paperwork now to my home (this was her last american address).about 6 years ago, she moved out of the country. the only money she has is in a 401k retirement account, and an open auto loan that is under my name and hers...if she fails to show up to court, can discover garnish her 401k or take the car? can i communicate with discover on her behalf? thanks for your help!


Asked on 6/22/11, 11:19 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You might communicate with the law firm to tell them that she moved out of the country about six years ago. If that was the last date she made payment on the credit card, then the statute of limitation probably would bar collection. However, I suspect there was more recent activity on the account. If you know her address, you can provide it to the creditor. If you don't know it, then they'll have to find her and serve her abroad according to the treaties that govern service abroad, or when she next visits the United States.

Her retirement account should be exempt from attachment if there eventually is a judgment against her, although someone might have to go to court to assert her objection to the attachment. You are not required to tell the creditor at this point about any American assets that your mother might own. Good luck!

Read more
Answered on 6/22/11, 12:18 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California