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Harassment from Private Child Support Collections Agency

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CSO286

Senior Member
What is the name of your state (only U.S. law)? MN/SD

Hey, I am asking this for some folks I know going through a tough situation with their son. (Yes, I know---3rd party info all around, sorry.:( )

In any event, this couple is being harrassed by a private child support collection agency for arrears that their adult son (who is in a 1-year residential treatment program) has/is accruing out of South Dakota.

This couple is making partial payments on his behalf, but cannot afford the entire amount ordered and junior is not capable of earning anything right now.

What rights might they have to get the debt collectors to stop harassing them? Thanks in advance.
 


TigerD

Senior Member
Tell them to handle their business themselves. You cannot know enough correct information to get useful advice on their behalf. It is a mess and smart money says stay out of it.

DC
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? MN/SD

Hey, I am asking this for some folks I know going through a tough situation with their son. (Yes, I know---3rd party info all around, sorry.:( )

In any event, this couple is being harrassed by a private child support collection agency for arrears that their adult son (who is in a 1-year residential treatment program) has/is accruing out of South Dakota.

This couple is making partial payments on his behalf, but cannot afford the entire amount ordered and junior is not capable of earning anything right now.

What rights might they have to get the debt collectors to stop harassing them? Thanks in advance.

I know that they mean well but why on earth are they paying their grown son's debt. In any event, if this grown man is not able to pay his debts at this time you might suggest that his parents speak to him about BK.
 

CSO286

Senior Member
I know that they mean well but why on earth are they paying their grown son's debt. In any event, if this grown man is not able to pay his debts at this time you might suggest that his parents speak to him about BK.
Tigi--I have done so, Junior is in treatment right now, and for that reason they are paying towrd his debts. I have suggested BK, I think they may be considering it. In any event, the debt right now is child support, and not dischargeable (It's not a judgment, it's arrears and ongoing).

Specifically, if they have already provided Junior's address and contact info, and requested that the private child support collection agency stop contacting them(they can send whatever they want to Junior), is the collection agency required to stop calling and harassing them?
 

Antigone*

Senior Member
Tigi--I have done so, Junior is in treatment right now, and for that reason they are paying towrd his debts. I have suggested BK, I think they may be considering it. In any event, the debt right now is child support, and not dischargeable (It's not a judgment, it's arrears and ongoing).

Specifically, if they have already provided Junior's address and contact info, and requested that the private child support collection agency stop contacting them(they can send whatever they want to Junior), is the collection agency required to stop calling and harassing them?
CSO, you said a private collection agency is calling them. Did mom sell the obigation to a private company like Support Kids? If she did then that debt is dischargeable in BK.

In any case, mom and dad shouldn't pay any more of his debts. Mom and dad should tell the CA that sonny boy no longer lives there. They can provide his new address and phone number (even if it is temporary).

If sonny boy is in rehab, part of his rehabilitation is to deal with life on life's terms. This will be a great example of that.

Mom and dad need to let this man be a man.
 

cosine

Senior Member
Everyone seems to be quick to have the mom and dad stop paying the son's obligations. Don't you realize WHY there is a support obligation here? It's called "grandchildren". The OP's friends referred to as mom and dad (of the son in treatment, who is a dad of kid(s) being supported) might be wanting to ensure their grandkid(s) have some better finances than if they paid nothing.

So the big question the OP needs to go find out before passing along any advice is if the support obligation payments directly flow to the other mom and the grandkid(s), or if they just flow into the coffers of some entity that pre-paid the other mom to acquire the debt.

If the payments really do flow directly to the other mom, then I'd say let them pay what they can afford and feel is right.

If that is not the case, then such payments are nothing more than crediting their son's debt, and they really should not be paying at this time (invest the money instead and decide later if there is any justification to giving that money to their son or their grandkid(s).

In the mean time, send the standard cease and desist letter, certified, return receipt, to the collectors, even if they are also paying them some portion of the obligation (of course, as said above, only if this is flowing to the other mom and grandkid(s)). If they refuse to stop harassing, take them to court.
 

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