Ask Me Help Desk - Elderly mom cannot pay credit card debt

Wondergirl, I'm not talking about forgiven debt but charged off debt. When the creditor takes a tax loss. I frequently warn people that they still have the obligation to pay their debts. But sometimes circumstances do prevent it. The situation with the OP is an example. When his mom was using that Sears card, I'm sure she didn't expect to become disabled and not be able to pay her debts.

Many debt collectors use less than ethical means to harass and badger people to pay such debts. They do so without any consideration for the circumstances of the debtor.

Wondergirl - I never meant to imply that all debt collectors are scum bags. There are honest collectors out there who help collect library book fees and stuff but then there are the ones who prey on down to earth hard working people and intimidate them into submission for the almighty dollar. I don't mean for people to ignore their debts but sometimes bad things happen to good people and some of these unscrupulous debt collectors thrive on that. You can go to Bud Hibbs website and find out the background and history of a lot of the major collectors and their lazy attorneys. The one that is bothering me is a zillionaire from buying debt portfolios of honest people from the CC companies. It is a multi-million dollar business.

I would love to pay my debt, but right now with a disabled son and a very sick husband, I am on a small retirement and just don't have it. We had some devastating circumstances the last two years, before we were prosperous and doing fine. It can happen to anyone. I will make it right when I can but I don't want to be bullied into submission to do it. Sorry for the lecture but I am so frustrated that some of these companies get away with what they do, especially when they harrass someone like Ark's elderly mother.

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Originally Posted by ScottGem

An aside to JBeaucaire, Kids do not have to "solve" their parents debts. Only the estate of the debtor is responsible for any debts. If there is no money in the estate as in this case, then the debt is terminiated with the death of the debtor.

No, I'm referring to the fact that parents who who don't plan well and end up in debt crisis in their old age end up causing no ends of stress to their kids. Legally they may not be responsbile, but kids still feel it. Not just death issues, but the ones caused while they're still alive and creating further debt.

Plan ahead. Protect yourselves, folks. Debt is the enemy.

It's really shame on collection agency and the creditors who doesn't understand human/ or it's customers hard time but spends millions of dollar to observe buying and other behavior.

Could anyone tell me if I get a durable power of attorney, will I be legally responsible for the debt?

She has now received a summons.

No, a POA gives you the right to act for her, but not responsibility for her debts.

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Originally Posted by Helpman

It's really shame on collection agency and the creditors who doesn't understand human/ or it's customers hard time but spends millions of dollar to observe buying and other behavior.

While I do believe most collection people are about the lowest scum on earth. But I will add this, they are only trying to collect the money they are by law suppose to collect. If someone owed you 1000 dollars, and refused to pay, would you just say OH well to bad, it is OK I won't try and get my money from you.

I was a landlord for years, as such when people will not pay their rent, what am I suppose to do, just let them live there free, maybe let my property get foreclosed because I can't pay the payment because I don't get the rent.

First, please do not use PMs for followups. Any follow-up should be posted to the thread.

I would NOT advise ignoring the summons or skipping the hearing. That just hands a judgement to them. You don't know what might happen or what a judge might do. If you respond to the summons asking for verification of the debt and pointing out your mother has no assets and her only income is from exempt sources, they may drop it. Or they may just decide not to show up at a hearing or the judge may throw it out or who knows.

If they do get a judgement you have time then to close the account or just inform the bank that the only deposits are from funds exempt form attachment.

And no, you are not responsible so no way a sheriff comes to your door.

Who do I send the response to? Do I send a request for verification to both the court and the collection co? Thanks!

You send a response to the court that issued the summons stating your Intent to Defend against the suit. Then send a copy of that to the plaintiff with a request for verification of the debt. In the letter to the plaintiff state that since your mom's only income comes from exempt sources and since she has no tangible assets, even if they can prove this is her debt, you have no idea how they will be able to recover the balance.