[Wildcat Way]

My mother is 74 years old. Her only income is Social Security. She has a debt with a credit card company that was "charged off" but has now been sold to a collection agency. They are starting the "scare tactics" on her and she is extremely worried. She rents an apartment, doesn't own any property, bonds, or anything. She pays her rent, utilities, and buys very little food. I want to make sure that they cannot come in and take her personal belongings, and what little bit of money she has in her checking account. She has been saving what she can to be buried, because she will NOT let myself or my brother help her in any way. Can someone please let me know if this collection company can do anything to her. The charge off on the card was about a year and a half ago (she worked full time up until then) and offered to pay the credit card company 150.00/monthly but they said that was not enough. She doesn't have any more money to send them, and now these people are scaring her to death. Would somebody please give me some information. Thank you for your time.

[slowandeasy]

Hello Wildcat

Tell your mother not to worry.Those collections agenceys use "scare tatics" all the time.
If her only income is social security then it should be exempt. In other words her social security check can not be taken, now with that being said if they get a judgement and they freeze her account then she would have to prove that the funds in her checking acount are from social security. If she owns nothing she would be considered judgement proof,but that doesn't mean they will quit calling and sending nasty letters. They can not come in and take her personal belongings Morally she will always owe it but if she owns nothing and only has social security then there's little they can do.Maybe our debt experts on here can have some good advise

[Loan_Guy]

Wildcat,

I really hate the collection agencies that do that to people.

First things first, if you have not done it already, ask them to send you something in writing as to what they think Mom owes. Tell them you will be glad to LOOK at it... nothing more.

When the letter comes, write them a letter back to the same address. Include a VALIDATION letter (look on the internet) and a paragraph stating that they should no longer call Mom or anyone else about the alleged debt and that she will only respond to written correspondence. Now that they have been put on notice, if they continue to call, they are in violation of the Fair Debt Collection Practices Act. If you want to have some fun with them if they call again, ask if they know what the FDCPA is...

Send the letter to them certified mail, return receipt requested and keep the copy to show that it was signed for. You may need this.

More than likely they will not respond back or they will send some garbage that does not include everything you asked for in the validation letter. DO NOT send them anything else; it is their job to show she is guilty, not your's to prove innocence.

Post again in about 45 days and let us know what happened. We can guide you a little better once we know.

LG