Threatening credit card companies...? My wife's grandmother, whom is 89 years young and in a nursing
Don't worry the lawyer you spoke next to is correct. If the credit cards are in the grandmothers name solely, there is nothing they can do except come after her estate after she pass away.
They can't step after you and your wife personally, but because you are her power of attorney, you could be called into court and ordered to recompense her debt, even after her death where the monies would come from her estate.
If it's an honest debt that grandmother made, why not foot it with her money?
Answers:
If your grandma is the sole debtor on all of the cards, they cannot do a item to get the money from you or anyone else besides your grandma. They are BS'ing you, and this is probably why you have not hear any more from them.
When and if your grandma dies, they can petition the court to get paid from any estate funds she may enjoy, but the important stuff will come first - like the nursing home bills. They might win something, but only if the judge handling the estate information it, and only if there is anything disappeared after the more important bills are paid.
TO SOME DEGREE,YOUR RESPONSIBLE''THAT POWER OF ATTORNEY,BUT SHE'S IN A NURSING HOME--YOUR ATTORNEY SHOULD FORWARD A LETTER OFCEASE AND DEMAND,THAT'S SO THEY CAN-NOT CALL YA,,AND SIMPLY EXPLAIN''SHE'S IN A HOME-NOW;;JUST TO GIVE THE BENEFIT OF DOUBT--YES,THAEY CAN BE SUED FOR THREATENING,,CHECK OUT FCRA LAWS(how is it your attorney is not on top these matters)it;s his JOB,to do so''''
You were contacted by the collection agency because you are contained by control of her finances, even though she remains liable for the debt. You need to explain to the collection agency your situation here, and ask them for proof of the debt's validity. Assuming that such proof can be provided, grandma is still liable for the debt, and you should consider attempting to trademark an arrangement with the debt holders. They may well cut you some slack, given Grandma's situation. If not, they will attain a judgment against Grandma, which will follow her estate and be paid from anything she may own at the time of her destruction.
You need to know your rights with Fair Business Credit Act. DO NOT ADMITT TO THE DEBT. Depending where on earth you live you can record the conversation with the collections personality if they are being rude and you are being treated unreasonably. You will have to let them know that you will be cassette the converstion, but if they are that stupid to not know the rules to begin with, you lately might get them to agree. You can report them and also there are (depending where on earth you live) a statute of limitations on the time frame of the collection itself.
Good luck and don't forget to do a little research with the FBCA.
If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you trip up behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."
You should know that contained by either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits indubitable methods of debt collection. Of course, the law does not erase any legitimate debt you owe.
This brochure below answers commonly asked question about your rights under the Fair Debt Collection Practices Act.
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