Mother's debt

[Forest Hill]

What is the name of your state?Georgia:

Leased apartment for Mother, in my name and phone and utilities in my name.
Since she has become ill, I am now the caregiver.
She has incredible debt and since the creditors have the phone number they are calling like crazy!!
She is no longer able to pay these creditors and I have written them and advised each of her medical condition and her financial status. She only has Social Security income, and no assets. Therefore, we were told she would be considered "judgment proof".

Is there any need to file bankruptcy since she has no assets and "judgment proof?

Now that I live here since she become ill, how can I best inform and get results to have the creditors quit calling "my personal phone."

Sent one letter and ask that they not call "my" phone which is the number on file, that it is my personal phone?

Creditors still continue to call, so what else can be done to stop their calling?

Does not seem practical to file bankruptcy and pay a couple of thousand dollars to an attorney, when she has nothing no assets, only income social security, and "judgment proof." What is the opinion of the forum??

 

[cmorris]

If there are any collection agencies calling, send them a limited cease and desist letter, certified mail return receipt. It basically tells them to only contact you by mail, as it is inconvenient to receive phone calls.

Otherwise, change your number and have it unlisted.

 

[Forest Hill]

Georgia:
What about the other questions? :
Any need to file bankruptcy, since she has no assets, and only social security
income???
We read somewhere on this forum, creditors cannot place a lien on a bank account if only social security income is in the account?? Right or wrong??

Is there a difference in cease and desist letters? Limited and/or is there another type letter??

This lady is 86 years old and has developed some critical health issues and there is no way she will or/can pay these debts? What can the creditors do???

At the time I discovered this date ( after coming here to be the caregiver) I notified each one of her medical condition and her income situation? Was the proper thing to do, or just stay out of it and not respond at all??

She is not capable of responding to any matters at this time!

 

[cmorris]

A limited cease and desist means no phone calls. A full cease and desist means no calls, letters, etc. However, it often leads to lawsuits.

I wouldn't worry about anything. Creditors can't legally touch exempt assets (i.e., SSI). I wouldn't bother with BK personally.

I doubt it matters that you sent the letters.

 

[Forest Hill]

Georgia:

Would you suggest that I send no more letters since I am only the caregiver??
I just sent the others so that would know the situation and her medical condition.

Perhaps a cease and desist letter and then send no more?? Would that be
your suggestion???

 

[cmorris]

It is a personal decision. I would send a limited cease and desist, but it may not matter unless you have POA. Everything is certified mail, return receipt!

 

[Ladynred]

I think the easiest, and quickest thing to do is to change the phone number, make it UNLISTED and UNPUBLISHED - there IS a difference, you need to be sure the phone company does BOTH. As long as no one gives out that new number for ANY reason, they will not be able to harrass you and your mother.

 

[Forest Hill]

Georgia:
I do have a Power of Attorney (General) Would that not put me right in the big middle of this financial mess, if I release a copy of the POA to the creditors? Or, should I not even tell the creditors of the POA??

If I do change the phone number, unpublished and unlisted, would that not give the creditors a better chance of coming to MY door in person and harrassing me???

I have thought of telling them, wait....I want to get your permission to record this phone call. What do you think their response would be??

I have told each creditor by phone and letter, that the phone and residence is mine, we pay for it, and I do not want you to call this number again.
Also sent a cease and desist letter, stating not to call the number on their file again.

One last question: If a creditor turns an account over to a collection agency, do you know if the creditor will sometimes take the account back., away from the collection agency.
the reason I ask that, is a sample cease and desist letter (creditinfocenter.com) stated I will only deal with the original creditor of this account.?????

Thanks your reply

 

[Ladynred]

You might have POA to handle her affairs, that in no way makes you liable for her debts. It only puts you in the middle because you can write checks and I'd NEVER let the creditors/collectors know you even have it or they WILL harrass YOU personally.

GA is a 1 party state, that means you can go ahead and tape the calls, you don't NEED their permission. They tape you, you can count on that. If you hear any recording that says the call my be recorded, then tape away yourself !

The cease and desist shoudn't prompt anyone to your doorstep unless its a local company with its own collection goon squad. Even if they have one, there are trespass laws on your side and you can call the cops. After all, what can they actually get from your mother ?? NOTHING. Tell 'em to pound sand and take care of your mother. I just lost my mother 3 weeks ago, and I'm 500 miles away from where she was being cared for by my family. Had this been happening to her, I would not have hesitated to tell the creditors to eat sh*t and die !!