My mother is almost 97 years old and has been in a nursing home for a year now, with multiple health issues and slowly advancing senility. During the last few years that she had somewhat confused control of her own finances (before my sister took over bank accounts, bill paying, etc.), there were several credit card companies (among other entities) who called her and used slick, high-pressure tactics which resulted in her signing up for credit cards and purchasing items on them. My sister, who has her Power of Attorney, called and wrote letters to each of these companies even before Mom went to the nursing home, explaining that she was no longer capable of making such transactions and to please cease and desist sending her things. One by one, all those companies complied and dropped charges once they had been notified - all but one: Bank of America. She had charged something relatively minor on that card (about $100), which she didn't even remember signing up for. Although my sister has called, written or e-mailed them many times and explained the situation, they have continued to tack on late fees, penalties and an assortment of other charges until the balance they are now trying to collect is nearly $7,000 (almost unbelievable, I know).

We are at wit's end. At this point they are now harassing my sister and asking her to pay it, saying they will reduce it to $1,500 if she pays it over a period of months. She is not financially able to pay this debt, nor am I - both of us have our own serious health issues - and we are the only surviving siblings.

What exactly is the nature of what this company can do to us if the debt remains unpaid, and what further action should we take?

They can do nothing to you. You did not sign for the debt, you did not make the purchase, so you have no responsibility for it.

The only thing you need to be concerned about is if your mother has a significant estate. If so, they can file suit against the estate to try and collect.

If I were you, I would write one more letter. In that letter I would explain, again, your mother's condition and that no funds exist to pay anything. Ask then once more to drop their dunning of this debt. Advise them that if they don't drop you will bring their harassment to the attention of your local consumer advocates.

This is the type of thing such media people love to get onto. Big bank harassing 97 yr old woman over a small debt that they have increased exponentionally over fees. I think that will get them off your back

Also make sure that its BofA that is dunning you and not that the debt has been sold to a third party.

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Originally Posted by ScottGem

They can do nothing to you. You did not sign for the debt, you did not make the purchase, so you have no responsibility for it.

The only thing you need to be concerned about is if your mother has a signficant estate. If so, they can file suit against the estate to try and collect.

If I were you, I would write one more letter. In that letter I would explain, again, your mother's condition and that no funds exist to pay anything. Ask then once more to drop their dunning of this debt. Advise them that if they don't drop you will bring their harassment to the attention of your local consumer advocates.

This is the type of thing such media people love to get onto. Big bank harassing 97 yr old woman over a small debt that they have increased exponentially over fees. I think that will get them off your back

Also make sure that its BofA that is dunning you and not that the debt has been sold to a third party.

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Thank you, Scott! That was also my first thought, but my sister wanted us both to do some research first to be sure we have our ducks in a row before committing to a written document.

In actuality, my mother has literally NO estate at this point. She is entirely a ward of Medicare now, and they receive every penny of her Social Security pension - the only income she has. They pick up the nursing home expenses on her behalf, and frequently remind us that should anything unexpected accrue to her, it belongs to them. (In fact we recently received a cautionary letter reminding us that should anything whatsoever be left over from her prepaid funeral expenses, we must forward it immediately to them.) All her property was liquidated years ago, then what small savings she had was used up for living and medical expenses over the years. When she could no longer see to her own needs, we placed her in nursing care.

I will impart your advice to my sister and we'll take it from there. My mother and sister live in Kansas, a long way from me - but I don't think location is paramount. Right is right.

Thanks again.