Credit card
Date: Wed, 11/09/2011 - 10:27
here is what you do.
tell them to stop calling you period the end.you are not liable for or obligated to take calls regarding this debt.chances are they know your father's situation and think they can bully you.did you get anything in writing from this collector,or sears?if so send a C&D letter certified mail return receipt.bottomline they are calling you when it's not your debt and you need to send the letter.
Not so fast, Paul, this isnt her father. She is talking about h
Not so fast, Paul, this isnt her father. She is talking about her husband.
And she may very well be legally liable for the debt, depending on when the debt was incurred and what state she lives in. If you live in a community property state and the charges were made on the card during your marriage, they can very well come after you and try to collect from you.
ah cr*p
i mis-read the post.right as always skydiver.some states are community property.mt questions now are these.
1)what state is the OP in?
2)when was the last payment made on this card?
the SOL might still be a factor here.
I live in OH and I "think" it has been awhile since a payment wa
I live in OH and I "think" it has been awhile since a payment was made. The lady that called tried to tell me May,,,but I know it has been longer.
OK, Ohio is not a community property state, so they have no lega
OK, Ohio is not a community property state, so they have no legal authority to demand that you set up a payment plan on his debt. They have no standing to come after you, period. And, since his only income is SSI, they cannot touch that either. Even if they sued him and won a judgment, social security is exempt, meaning they cannot garnish from it.
I would send these people a certified letter--make sure you send it certified and keep a copy of the letter for your records--telling them to leave you alone. It's called a "cease and desist" letter. You could basically say something like this:
Quote:
(Collection agency name) (collection agency address) RE: Acct. # ________(whatever account number the collection agency is using for this debt) (date) To Whom it May Concern: I am writing you with regard to the above identified account. This letter is to advise you that you are to immediately cease any and all contact regarding this matter. As you have already been told, the account holder lives in a health care facility and his only income is Social Security benefits. This means that you couldn't get a penny from him even if you were to win a judgment against him. This letter shall also serve notice to you that you are to cease any and all contact with me concerning this matter. I am not an account holder or cosigner on this debt, therefore I have no authority to make any payment arrangements on this debt. Your company is aware of this, and yet you have repeatedly harassed me, trying to badger me into making such arrangements. Since I am not a party to this debt, and you are continuously trying to get me to pay for this debt anyways, you are clearly violating federal law. This is the last I expect to hear regarding this matter. Should you continue to unlawfully harass me or make any further effort to attempt to bully me into paying a debt I am not responsible for, your actions will be met with all legal remedies available to me under the Fair Debt Collection Practices Act, including a lawsuit if need be. This is your final warning--I urge you to treat this matter with the proper attention. Sincerely, (name) (address) |
That should take care of things for you. If not, let us know.