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Granny and collection company

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KELL

Member
What is the name of your state? New York
Earlier this year my grandmother was unexpectantly put in a nursing home. She has cronic heart problems etc. She had an outstanding credit card bill with Visa with a balance of about $ 2,200.00 I am now getting letters and harassing phone calls about this and the collection agency is telling me that If I don't pay the bill for her within a certian amount of time that I had better get myself a good lawyer. I am not on the account with her, therefore I am not liable, am I? She now has NO source of income as her social security has stopped and she has been put on Medicaid. It's not like she isn't paying the bill because she doesn't want to. She has No assets and a very small life insurance policy that isn't even enough to pay for her funeral when she does pass. What can I do to make the phone calls and threats to stop. Legally, if they find out what Nursing Home she is in, can they call her and harass her too? Thanks for your help.
 


racer72

Senior Member
Send a cease and desist letter to the collection agency in your name. Tell them you are not responsible for the debt and to not contact you again concerning the debt. Also say that the threats are a violation of the Fair Debt Collection Practices Act and that you will contact a lawyer and the state attorney general if they persist.

For your grandmother, send another letter telling them that she is now indigent due to failing health and will no longer pay on the bill. Direct them to place the account in default and to continue billing if they wish but that the bills will not be paid. She should also direct them to not contact her home via telephone as the calls will not be accepted or acknowledged. Do not make any claims as to any property or possible insurance proceeds. This could provoke a lawsuit which your grandmother will lose.

Both letters need to be sent certified, return receipt requested. Do not tell them where she is. All they need to know that she is receiving 24 hour supervised nursing care and is not available for any reason. Good luck.
 

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