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    leonardavinchis's Avatar
    leonardavinchis Posts: 17, Reputation: 2
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    #1

    Jan 19, 2011, 09:16 PM
    Ailing Mother with Credit Card Debt
    Re: https://www.askmehelpdesk.com/bankru...bt-502587.html

    I can totally understand if this topic gets moved back to its original topic, but I've tried to post another question in the original topic but I don't see any other button that says Submit New Question.

    Just want to post another question to the guys here who's been patient enough and understanding enough to give quite a number of good solid advice.

    The collection agency's lawyer has been calling and leaving my sister a voice mail message looking for my mom. At this time, she hasn't responded or return the lawyer's call. My question is, should she even call him back and inform him that my mother doesn't live with her anymore and that she's currently institutionalized at a chronic care facility. Can she disclose more than what she's supposed to tell this lawyer?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jan 19, 2011, 09:24 PM

    Hi leonard, back in August in the same thread you linked, scottgem answered your last paragraph in your new post. I will cut and past it here:

    Send them a letter stating that your mother is confined to a Chronic Care institution (do not give a location). That them her only income is from a pension and that goes to the care facility. Tell them, they are welcome to sue her. If they do, you will provide the court with proof of her dementia and current condition. Further tell them that they are not to contact either you or your sister directly since you have no responsibility for this debt. Send this letter certified.

    Tick
    leonardavinchis's Avatar
    leonardavinchis Posts: 17, Reputation: 2
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    #3

    Jan 19, 2011, 11:20 PM

    I appreciate your input here Tickle, but this answer from Scottgem was in reference to what he suggested I would do next to ward off the collection agency's persistence in calling my sister and demanding payments. What you cut and paste their was his suggestion on what I should include on my letter.

    If you noticed on page 2 of the August thread, Scott also suggested for me to take a chance on calling the lawyer and asking him if he's aware of my mother being institutionalized with Dementia and to inform this lawyer that our family will fight it in court.

    What I simply wanted to know at this point is, do we just keep on ignoring this lawyer if he makes another call to my sister? Or can she answer his next call and just inform him that she no longer lives with her and tell him that she is in the Chronic Care facility... and what if he asked for the address of the Chronic Care facility?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 20, 2011, 04:49 AM

    If the lawyer has been informed of your mother's condition then ignore his calls. If not then write them a letter stating that all further contact be by mail not phone. This is a right under federal law.
    leonardavinchis's Avatar
    leonardavinchis Posts: 17, Reputation: 2
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    #5

    Jan 20, 2011, 05:27 AM

    Hi ScottGem, the collection agency is the only one that has been informed of my mother's condition via a letter. No initial or prior contact has been made with this lawyer yet. Would the collection agency have informed this lawyer of my mother's condition?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jan 20, 2011, 04:29 PM

    I wouldn't know. Maybe, maybe not.
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