summons for court from ca

What is the name of your state? California

Hi my mother just recently received summons for court in regards to a $4,000 debt 8 years ago. The account was opened in joint with me her son. This account has been on my Cr for 8 years,the account was charged off in 1/03.They told her that they were going to add this amount on her credit report because i was under age that time,which is not true because i was 19 at the time.My cr does not show this amount any more.I dont know what to do the summons says she has two options pay or go to jail is that legal? she receives $700 a month from my dad's ssi.
she cannot afford to pay this debt. Can they sue for an amount that was charged off 8 years ago. What can i do to help her andwill this affect me?

[bigun]

You're dates are confusing. First it was chargedoff 8 years ago and next you say it was 1/03.
That summons is way strange. There are no debtors prisons in this country. How was the summons delivered? Is there a docket number?
Calm down and get the facts straight.
.

Sorry if I sounded a little confused.. Hopefully I could explain this better.

8 years ago I opened a credit card (discover) and my mother was the co-signer. I defaulted on the debt. As of 1 year ago, this debt was erased off MY credit report. Then the credit aggent (discover) got my debt and put the amount on my mothers account and says she owes both mine and her amount.. total $4,000. My mother stopped paying because the interest charges got to high and she said that she didnt want to pay it any more because she thinks its not fair she pays my debt also. The credit aggent is claiming that they added that debt owed by me to her account because I was under 18 years old. I was 19 when I opened that account. The summons she received says she only has two opions. Pay or go to jail. She receives 700 a month via SSI and cant afford to pay this debt. What can I do to help her. And will this affect me.

ANSWERING YOUR QUESTIONS:
1. This 16 page "court order" was mailed to her ( Thats what was told to me. I live far from my mother) saying that she has to be in court in March

2. As far as I know, there is no docket number. But I'm not sure of that.

The creditors are calling her up and threating her saying that shes going to jail and that they are going to take all her furnature. My mother is really scared.

Help!!!!

[bigun]

when did you or your mother last pay Discover?
Is it possible this is a judgment? 16 pages is too long for a summons. You really need someone to take a look at this summons. Is anything showing on your mothers credit report in the public records section?
Your mother needs to call the court clerk and find out if this is a real summons or, if there has been a judgment placed against her.

[Ladynred]

You also need to let her know a few things, once you find out if the papers she got are real - they could be fake. Threatening jail for not paying a debt is illegal.

1 - They CANNOT put her in jail for not paying a debt !! As Bigun stated, there are no debtor's prisons in the US

2 - They CANNOT 'take all her furniture' even if the paperwork is legit. There are exemptions from judgments that protects your personal property, your home, and other things. Threats like this are also illegal.

3 - If her only income is SSI, then her income is TOTALLY EXEMPT and a lawsuit against her would be pointless - there's nothing they could take from her, no wages to garnish, etc.

What state is your mother in ? Here's a link to a site where you can look up the exemptions for her state:

[url]http://www.thebankruptcysite.com/what_do_i_keep.htm[/url]

You or your mother needs to call the courthouse and as the clerk if there are any judgments or other legal paperwork actually filed against her. If there is nothing, then this CA is violating the FDCPA, big time !!!

Oh yes, you should read the FDCPA so you can help your mother deal with this nasty collection agency (who is it do you know ?). You can find the Fair Debt Collections Practices Act at [url]www.ftc.gov,[/url] under Consumer Protection, then Credit. Scroll down the list until you see the Act.