Evelyn, 72 years old, was referred to NYLAG through a social worker when she received a court summons notifying her that she was being sued for a credit card debt. Evelyn suffers from significant physical and mental impairments that made it very difficult for her to leave her home. She was extremely frightened about the prospect of having to go court, and before she reached out to NYLAG, Evelyn was prepared to pay over half of her life savings to make the lawsuit go away so she would not have to go to court.
Working directly with Evelyn over the phone, NYLAG was able to review Evelyn’s options with her. After discussing the pros and cons of contesting the case in court, and after learning that Social Security income, Evelyn’s only form of income, was protected from creditors, she decided to try and fight the lawsuit. Evelyn’s attorney was then able to advocate directly with the law firm representing the debt collector, and, by providing proof of Evelyn’s exempt income and health issues, convinced the debt collectors to drop the lawsuit and not pursue any further collection activity.
Evelyn was extremely grateful that she had an attorney to advocate on her behalf so that she could avoid going to court, as well as having someone with whom she could discuss her options for addressing the lawsuit. Evelyn was extremely relieved that she could resolve the lawsuit without having to go to court, which would have been physically challenging and extremely stressful, and without paying a large sum of money that would jeopardize her savings. Evelyn is particularly relieved that the debt collector agreed to permanently discontinue collection activities so that she does not have to worry about any further lawsuits for this debt.