My dad being harrassed by collection agency

What is the name of your state? Wisconsin

My dad is being harrassed by a collection agency. Back in Jan. of 2000 my mother co-signed a loan for one of her grandchildren. She passed away in June of 2000. Her grandson later became sick and and didn't make any more payments on the loan. Shortly after my father recieved a call from the bank and he explained that my mother (the person who co-signed the loan) had passed away. He was asked to send a copy of the death certificate which he did. Nothing more came out of this until a couple of weeks ago whe my father recieved a call from a collection agency who demanded that he pay the amount of the loan. He then threatened to have my fathers social security check garnessed and accused him of fraud. I know this person's tactics are not legal but what I need to know is is my father responsible for paying on the loan. Did the debt have to be filed imediately after my mothers death. Hope some one can help. Thanks

[I AM ALWAYS LIABLE]

My response:

Wisconsin isn't a "Separate Property" State - it's a "Community Property" State. Therefore, your Dad is "on the hook"; i.e., her debts are HIS debts.

IAAL

But shouldn't the bank that issued the loan had filed off her estate? And what about if he had no knowldge of her co-signing the loan.

[I AM ALWAYS LIABLE]

Originally posted by fatgrama
But shouldn't the bank that issued the loan had filed off her estate? And what about if he had no knowldge of her co-signing the loan.

My response:

No, because Dad is still alive, and everything she owned now belongs to Dad. This is what happens in a Community Property State - - "what's mine is yours, and what's yours is mine".

It doesn't matter that he "didn't know". It's irrelevant. Dad cannot merely "accept" the assets of her Estate, and then "disregard" her liabilities. He can't "pick and choose" in a Community Property State.

The debt is now his, and he can turn around and sue the Grandchild. Grandchild is still on the hook, too - - but this time, to your Dad.

IAAL

1. I would contact the bank and find out what their position is.

2. I would contact the person who the loan was cosigned for and tell them if they don't pay it your grandpa is going to file suit to collect it from them.

3. They cannot garnish his ss check even with a judgement. And if he has no other assets he is most likely judgement proof.

[I AM ALWAYS LIABLE]

[quote]Originally posted by no lawyer here


1. I would contact the bank and find out what their position is.

MY RESPONSE: Useless, and meaningless. It's apparent what the bank's "position" is in this matter - - they already sold the debt to a collection agency. It's out of the bank's hands.



2. I would contact the person who the loan was cosigned for and tell them if they don't pay it your grandpa is going to file suit to collect it from them.

MY RESPONSE: Really? No kidding? Gee, I thought I already said that, above.



3. They cannot garnish his ss check even with a judgement. And if he has no other assets he is most likely judgement proof.

MY RESPONSE: The only partially accurate thing you've said - - but only if there's "Direct Deposit", and there's no more than $2,000.00 in that account. Anything over that amount is subject to a writ of execution if Dad is sued. If it's not "Direct Deposit", the entire account, no matter how much there is, is subject to a writ of execution.

IAAL

[quote]Originally posted by I AM ALWAYS LIABLE

Originally posted by no lawyer here


1. I would contact the bank and find out what their position is.

MY RESPONSE: Useless, and meaningless. It's apparent what the bank's "position" is in this matter - - they already sold the debt to a collection agency. It's out of the bank's hands.



2. I would contact the person who the loan was cosigned for and tell them if they don't pay it your grandpa is going to file suit to collect it from them.

MY RESPONSE: Really? No kidding? Gee, I thought I already said that, above.



3. They cannot garnish his ss check even with a judgement. And if he has no other assets he is most likely judgement proof.

MY RESPONSE: The only partially accurate thing you've said - - but only if there's "Direct Deposit", and there's no more than $2,000.00 in that account. Anything over that amount is subject to a writ of execution if Dad is sued. If it's not "Direct Deposit", the entire account, no matter how much there is, is subject to a writ of execution.

IAAL

1. It's possable it was sold in error. Not all banks are heartless.

2. If you notice we were both typing at the same time.

3. Where is there any mention of a bank account in this post?

But is there a SOL in Wisconsin that would affect this.

Originally posted by fatgrama
But is there a SOL in Wisconsin that would affect this.

A: The SOL in your state is 6 years.

[HomeGuru]

[quote]Originally posted by no lawyer here
[b]1. It's possable it was sold in error. Not all banks are heartless.

**A: what's possable; an able possum?

[quote]Originally posted by HomeGuru
[b]

Originally posted by no lawyer here
1. It's possable it was sold in error. Not all banks are heartless.

**A: what's possable; an able possum?

An expected post from a want-a-be lawyer stroking his internet ego. Grow up.