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    jleesb's Avatar
    jleesb Posts: 3, Reputation: 2
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    #1

    Apr 6, 2009, 04:35 PM
    Elderly with credit card debt
    Does anyone know of a company/website that helps the elderly with credit card debt without charging a high fee. I have three patients in their 80's with credit card debt in the thousands and they are getting harassing phone calls, etc. Any suggestions will be appreciated.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 6, 2009, 04:58 PM

    Have they contacted the local senior citizen centers to see if there is help available there or if they have a referral.

    As for the calls, they can merely write them and tell them not to call them any longer. That will work until they change collection agencies.

    But when you say "help" what type of help are you looking for, to set up a payment plan, bankruptcy?
    jleesb's Avatar
    jleesb Posts: 3, Reputation: 2
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    #3

    Apr 15, 2009, 08:29 AM

    They need to reduce or eliminate the debt without bankruptcy. They are simply paying late fees and interest.
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    taffysue Posts: 1, Reputation: 1
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    #4

    Apr 15, 2009, 02:01 PM

    I am 60 on disability I have credit card debts and I just receieved a letter to be sued by one of them can they get my disability
    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
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    #5

    Jun 1, 2009, 09:47 AM

    If receiving the letters is distressing to your clients, and if they are in trouble financially, it might be time for a trustworthy family member to step in and manage the finances.

    A great resource can be the AARP. Perhaps the strongest advocacy group in the country, the AARP can provide tremendous support and resources to elderly people regarding financial situations, such as providing quality referals.

    It could be beneficial as well to speak to an attorney. Many legal assistance organizations will provide free or sliding scale services, particularly to vulnerable populations such as the elderly. They might be willing to give you some general advise on how to help your clients and steer them in the right direction.

    If the people can manage the payments, it might be best for them to be put on an allowance for spending money, cut up the cards and make arrangements with the card companies for monthly payments moving forward to close the accounts over time.

    If the accounts are not paid off by the time of death, your clients' estates would be responsible for paying them off, and if there is no money, they are simply closed in arrears - can't sue a dead person so the debt dies with the debtor.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #6

    Jun 3, 2009, 02:15 PM
    Quote Originally Posted by jleesb View Post
    Does anyone know of a company/website that helps the elderly with credit card debt without charging a high fee. I have three patients in their 80's with credit card debt in the thousands and they are getting harassing phone calls, etc. Any suggestions will be appreciated.
    I know you would like to help, but you are not supposed to be getting really involved in their money matters. Are you an RN, PSW, caregriver type person, seeing these people. Best to advice thei families before getting involved.

    Tick
    jleesb's Avatar
    jleesb Posts: 3, Reputation: 2
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    #7

    Jun 3, 2009, 04:30 PM
    There is no family to get involved and it is my job because it affects their medical condition and recovery.
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
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    #8

    Jun 3, 2009, 04:43 PM

    Ask them 3 questions:

    1) are they employed? (obviously, this will be a 'no'.. and SSI or disability does NOT count since that is not a garnishable income)

    2) do they own a home?

    3) do they have a lot of money in a bank account somewhere?

    If the answer to all 3 of these questions is no, then why waste what time they have left worrying about credit card debt?

    Issue a Cease & Desist letter to any creditor that is still trying to contact them. This means that they must cease all forms of communication except to notify them of any lawsuits.

    If they sue, who cares? They have no garnishable income. They have no home to place a lien against. And they have no bank account with a bunch of money in it to levy. Sue away!

    Immoral? If you say so... but if I were living out the last of my years, I wouldn't have any moral issues with telling a creditor to f-off after a lifetime of paying them interest, late fees, and penalties. Even if I didn't pay them anything... I still would not have a moral issue against it.
    jjwoodhull's Avatar
    jjwoodhull Posts: 1,378, Reputation: 239
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    #9

    Jun 3, 2009, 04:46 PM
    Xx
    RUBEN SANCHE's Avatar
    RUBEN SANCHE Posts: 5, Reputation: 1
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    #10

    Jun 22, 2009, 09:54 PM
    Quote Originally Posted by taffysue View Post
    i am 60 on disability i have credit card debts and i just receieved a letter to be sued by one of them can they get my disability
    When your on a fixed income it is obvious that you will not be able to pay these bill collectors back. And the idea of a bill collector is to harsh you and scare you in anyway they can so that you can pay them back summating . They cannot touch disability and on a fix income they will find no attorney to sue you. These are just intimidating tactics by the lowlife of bill collecting. They may answer thir calls but don't have to speak to them unless they are friendly and let them know the person is on a fix income and unable to pay. The worst case scenario is the person will get bad credit that is it the total thir . Listen to dave ramsey this question he answers a thousand times a day especially when it comes to the elderly.
    MWilken's Avatar
    MWilken Posts: 34, Reputation: 2
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    #11

    Jul 12, 2009, 02:38 AM
    Quote Originally Posted by taffysue View Post
    i am 60 on disability i have credit card debts and i just receieved a letter to be sued by one of them can they get my disability
    As far as I know they cannot get your disability if you are in the USA as far as I know, they are also not alwoud to harrass you by phone or in person, they are only allowed to write a letter, I have been sued by a bill collector, well supposely they won, but als long as I don't own anything, there is nothing they can do. When they call me I don't pick up the phone, they cannot get water out of a stone.
    Jake2008's Avatar
    Jake2008 Posts: 6,721, Reputation: 3460
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    #12

    Jul 18, 2009, 09:41 AM
    Quote Originally Posted by jleesb View Post
    Does anyone know of a company/website that helps the elderly with credit card debt without charging a high fee. I have three patients in their 80's with credit card debt in the thousands and they are getting harassing phone calls, etc. Any suggestions will be appreciated.
    Your patients need to be in touch with a debt counselling agency. Many are non-profit, and are subsidized to assist people just as you described.

    Try contacting your local social service agency for the names of non-profit agencies. It is dangerous to proceed online, or with an agency that charges for their services.

    There are ways that once a plan is in place with such an agency, they contact the debt holder, and, knowing the law as to what they can and cannot do to collect debts, are able to put a stop to the phone calls, threats, mail, etc. A plan is put in place to pay a some or all of the debt, many times interest can be stopped or eliminated.

    They can also advise and direct you to bankruptcy information if that is the route to go.

    It is very threatening to anyone to feel under the gun so to speak, from collection agencies. It is very threatening personally. But, it can be stopped.

    You are a good person to want to help them. As soon as you get the right person to assist, their lives will be much easier.
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
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    #13

    Jul 18, 2009, 10:18 AM

    For the record: Being a "non-profit" agency, doesn't mean that you don't charge a fee for your service or that you don't make a profit.

    You should be just as weary of those companies as you would any other company.
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
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    #14

    Jul 18, 2009, 07:13 PM

    Jake2008 agrees: That could be true, what I'm familiar with, is non-profit. Good point to check it out thouroughly
    It is true (dont mean for that to sound brash). But definitely check it out (if it is something that you are wanting to look into). The problem is finding the right source for the information.

    This industry is filled with disreputable companies but there are some very high-quality, high-integrity companies out there... even the ones that charge fees! :D

    I have personally signed clients up in non-profit credit counseling programs and there is always a charge. Usually, the first payment of the program goes to commission and then there is a monthly fee added on. This can range from $19-$69/month (or more?). The good thing is that it sometimes is on a sliding scale based on what the client can pay.

    Granted, it is a lesser fee than other options, but the overall cost is still usually greater.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #15

    Jul 18, 2009, 07:20 PM

    Hello J:

    I know this is an old thread, but maybe your patients are still alive...

    In that regard, if their only income is SS or SSI, then it can't be garnished, and I don't think they're going to need a pristine credit rating where they're going.

    Have 'em tell the collection agency scumbags to pound sand.

    excon
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
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    #16

    Jul 18, 2009, 07:28 PM
    Quote Originally Posted by excon View Post
    Hello J:

    I know this is an old thread, but maybe your patients are still alive....

    In that regard, if their only income is SS or SSI, then it can't be garnished, and I don't think they're gonna need a pristine credit rating where they're going.

    Have 'em tell the collection agency scumbags to pound sand.

    excon
    What's that they say about great minds? :D


    Oh and


    Quote Originally Posted by excon View Post
    I know this is an old thread, but maybe your patients are still alive....
    Classic! Well played, sir.. well played!

    (this all would have just been a greenie but that whole spreading thing, you know... )
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #17

    Jul 18, 2009, 07:36 PM

    Hello again:

    The Fair Debt Collections Practices Act, has a provision which allows the debtor to instruct the collector to cease ALL contact with him whatsoever. Of course, once a collector receives that letter, the only option available to him is to sue.

    In THIS case, when the collector realizes that there's NOTHING to collect, he's not going to sue, and you'll never hear from them again.

    You could say something like, "pursuant the the Fair Debt Collection Practices Act, of 1968, you are hereby instructed to cease any and all contact with me by ANY medium. Failure to do so can result in fines levied by the FTC of up to $1,000 per day. Violate this demand at your peril".

    In fact, those are darn good words to use. Send your letters certified, return receipt requested.

    excon
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
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    #18

    Jul 18, 2009, 08:44 PM

    Two other things there.. yeah, they are likely on SS or something that cannot be garnished... but you need to also make sure that they do not have a bank account somewhere with money in it (as they could levy the bank account) or that they don't own a home (as they could also put a lien on it).

    EDIT: I should say that I am only talking about if they sued for the debt, they could do this.

    So if they are on a fixed income, live paycheck to paycheck with no money stashed away in some bank (under the floorboard is cool tho) and don't have a home in their name, then send a cease & desist to the creditors and let it go. They may still sue but who cares? There is nothing to collect.

    And just to dispel a related myth, their next of kin will NOT be held liable for their debt (assuming the next of kin isn't on any of the paperwork)

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