Hi everyone, I'm new to the board and am hoping you'll can help me out. My dad and mom have always been financially secure. They both had good jobs and have never been behind on a bill. This changed suddenly several months ago when my dad died of a massive heart attack. Mom can't pay the credit card bills on her salary. There is this one man that keeps calling her telling her she is going to jail. He will not stop calling her at work, even after her boss told him to. Now he is calling her neighbors leaving messages with them. She is about to have a nervous breakdown becuse of this man and the fact she can't pay these bills. I'm an only child so it is left up to me to help her but I don't know what she needs to do. Any advice would be greatly appreciated. Thank you.
I am sure others will offer more specific advice. I don't have much experience in this area but I know the man is breaking the law. Get proof of what he is doing and sue him! He has definitely broke the law.
First of all, my sympathy to you and your Mom for your loss. Your Mom is lucky to have someone like you to fall back on in these trying times. First of all, there are no debtors prisons in America. Nobody goes to jail because they can't pay there bills. So, tell Mom to relax on that score. AS to the scum sucking collector. It sounds as if this guy has gone from trying to legally collect a debt to harassing communications. I'm like Killer, I've no experience in this area but, a lot of people here will help. Let me suggest a couple of things. If you're under either 18 or 19 {forgot the exact age}, you qualify for a small SS check paid monthly until you reach either 18 or 19. If you've not done so, call the SS office and get it started. Next, has your Mom gotten all the benefits she's due under any insurance or benefit plans that your Dad had either on his own or through his employer? If you need further help, post back with specifics and we'll see what we can do?
make sure if they call her at work again, your mom get's their name and phone # and simply enforce to that person that they are never to call her at home or work again (tell her if poss to keep a mini recorder so she can tape the call) and that she will only deal with them by mail. Then she should hang up...NEVER deal w/ a CA on the PHONE!!!!!! Next, they are in violation of the FDCPA, I don't have the link, but it's under www.ftc.gov she needs to learn her rights!
Sorry to hear about your family's loss. Whoever this ass-wipe of a collector is, he's either an ameatur or an idiot. If your boss has told this guy to stop calling, then you've got yourself an excellent witness when it comes time to sue his butt. So, tell your mom to calm down and don't worry. See if you can get an address on this jerk. Once you have it send 2 letters to him. 1. Cease & Desist and... 2. Intent to sue for violations of FDCPA and harrassment. Try and get more/all the proof you need to get this guy. You can also have your mom write up a Power of Attorney letter stating you are her assigned agent to deal with those accounts. That way, he will HAVE to deal with you ONLY. My wife and I did that and the CA's straightened up right away. Sorry to rant and rave. It just pisses me off the the highest of piss--tivity when those guys break the law like that. Hope this helps any. Smitty <Too mad to post a quote>
OK, I've had my 5 cups of coffee and I'm thinking! First of all, I hope you have your Mom convinced that she's not going to jail. Now, find out something for us. The credit card bills. Whose name are they in? Are they in just your Dad's name or, are they joint? If they're in your Dad's name alone, your Mom may be off the hook depending on a few other things. Also, check with your Mom and see if is possible that she is just an Authorized User on your Dad's cards. Again, an AU is not directly responsible for the bills.
Have your mom read this board, it has been a true comfort for me and has given me the "power" to deal with these idiot CA's!!!! I check my mailbox daily DARING someone to send something to me!!!
this collector is in violation of the fdcpa or fair debt collection practicies act. violation 1 : cannot propose legal action that is not likely to occur (jail) violation 2: (or more) cannot contact third party in relation to a debt. can only contact third party to verify address or contacto information of debtor violation 3: cannot contact debtor at work if debtor requests no work contact. Besides the fact that your mom may not even be liable for this debt.... I would send debt validation letter, c& d letter with intent to sue letter. If mom has an attorney that has helped with other issues maybe he can send letters. If dad or mom are union members, see if they are in the "union plus " program. can get legal consultation and can oftent get things llike letters done for little or nothing. I would sue, because his conduct is so egregious. You have witnesses with neighbors and boss. You have asked him to stop. Just my personal opinion. My condolences on your loss. I hope you decide to nail this collector so he will not victimize other families.
Have your mother post the name of the collector, the agency he works for and their phone number on this board. If this idiot continues to act like this even after knowing the circumstances regarding your family, he not only needs to be dealt with legally, he needs to feel the same type of harassment he is dishing out. I think everyone on this board needs to contact this person and let him know what a lowlife he is.
Any body have any comments on this Idea ? Call this guy and get him to talk to you about your mom.Tape and document every thing said and use it to sue the guy for discussing your mothers debts with a third party.
