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Originally Posted by rottweiler
I have a family member of a friend that is being summoned to court for a debt collection of $1300. This man is disabled and on Social Security as his only means of support so I don't understand why a debt collector would waste his time with him but I see a opportunity to possibly make the attorney the agent for the strawman.
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You're imagining things. The "strawman" legal nonsense has been shot down so many times it only helps DC attorneys prove their cases when someone tries it. They aren't complete idiots, just opportunists and they don't operate in a vacuum - they share case information amongst themselves all the time, including how to get summary judgments when a debtor tries frivolous arguments.
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Originally Posted by rottweiler
Would appointing the debt collector named on the summons as fiduciary of the strawman have any chance of making this attorney go away?
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No. None of that would have any legitimacy or effect. To make this idiot go away you have to convince him or her there is nothing to go after and thus, it is a waste of time and money.
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Originally Posted by rottweiler
IDoes anyone have a document I can use for appointing a fiduciary? I am looking for a approach that does not require any court appearance by the disabled man which also gives a opportunity for a lawsuit for breech of fiduciary trust and/or make the attorney pay the debt out of his pocket if he persists. Any idea are welcome.
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The nitwit collector must think there are some assets to go after. Chances are it's just another one of many of their batch of cases and they don't realize your friend's family member is essesntially indigent and a judgment against him or her is worthless.
CA's sometimes make a lot of noise and then simply abandon these kinds of cases - they're called doo-wops - dismissed for want of prosecution.
But this isn't legal advice. The attorney who probably handled his SS disability filing appeal may have a better, local opinion.