what will they do to my grandpa who is 87 years old on a fixed income recieves social security owns our home but has a current mortgage on the home. Can they garnish his wages or put a judgement on the house? It's a outstanding cell phone account that went to collections. They called and asked grandpa could he make payment arrrangements and he said no due to a limited amount of money. What should he do?
2006-10-20 04:35:29 · 9 answers · asked by just curious 1 in Business & Finance ➔ Credit
they said it's like 600.00 some odd dollars. grandpa doesn't even know how to use a cell phone. and if i had it to give i would ... he supports me and my 2 children.
2006-10-20 04:44:25 · update #1
Ok if grandpa doesn’t even know how to use a cell phone then how is it he owes on a cell phone bill? Who was the collection agency? There are several collection agencies that are known to be collection on bogus telephone bills; both cellular and landline. How long ago was this account? It could be out of statute and therefore uncollectible. Have they sent any communication in writing regarding this bill? If not, did they send any communication in writing within 5 days of the first phone call received?
Grandpa needs to send the collection agency a debt validation letter ASAP by certified mail. What that is…It’s a letter basically saying:
Dear CA,
I dispute your claims in their entirety and request validation pursuant to the FDCPA.
Sincerely,
grandpa
They need to prove he owes that debt. Sending you a computer printout on their letterhead is not sufficient. You want them to send him proof that he owes them that money without a shadow of a doubt. The FDCPA is the Federal Debt Collection Practices Act. It would be beneficial for you to read it to know what grandpa’s rights are and if the collectors are violated them.
If he would prefer not to be called again he can add something like this to his letter:
Please refrain from contacting me via telephone as it is inconvenient. All future communication must be in writing only.
That is called a limited cease & desist order. If they call again after receiving the letter from him they will have violated the law.
Stay off the phone unless you must to only get their contact information to submit a debt validation and/or limited cease & desist.
As for garnishment and judgement...They must take him to court to acheive both. Worst case scenerio they take him to court. Your grandpa receives SS therefore, he is "judgement proof." They won't be able to collect this debt.
Good Luck!
2006-10-23 04:18:18 · answer #1 · answered by ~*EmJaY*~ 3 · 0⤊ 0⤋
If there was a limited amount of money, there shouldn't have been a cell phone. Now that the bill has been maxed, you or him should pay what you can, even if it's 5,10, or 15 bucks a month. If it has gone to collections, it will not go away, ever. If he claims bankruptcy, then you'll lose the house. Pay them what you owe.
--- If "grandpa doesn't even know how to use a cell phone", then the person or people responsible for using it should be the ones responsible for the bill, and owe it to the person who's supporting them to help him out and find a way. The collectors are bothering him because his name is on the cell phone bill; if he's not using the phone, then he's just getting screwed by the people he loves and trusts. Taking advantage of an old man......tisk tisk..
2006-10-20 11:40:39 · answer #2 · answered by hackisackgirl 1 · 0⤊ 0⤋
They cannot garnish wages on a cell phone bill. Trust me I have worked for a major cell phone company for the past 7 years. If it has been charged off then the company already wrote it off, so there is not need to pay it if he does not have the money. It will not hurt him anymore than it already has.
Collections and charges offs are tax write offs for companies.It is what the IRS calls an above the line deduction. Most major corporations expect a 2-5% write off from those things.
2006-10-20 11:43:12 · answer #3 · answered by ShacklesOff.com 3 · 0⤊ 0⤋
He should ask his very generous grandchild for a loan to pay off the debt. They could put a lien against the house, but that costs money and unless the debt is quite high they probably won't do that. It's likely they'll just keep making angry phone calls until the debt is paid. And remember, when he dies the debt doesn't die, it becomes a debt of his estate.
2006-10-20 11:40:09 · answer #4 · answered by jinenglish68 5 · 1⤊ 0⤋
A cell phone bill? For how much? Unless it's THOUSANDS of dollars (unlikely) they aren't going to be able to do much of anything. They MIGHT be able to sue for a judgment, but that won't foreclose on the home. Your Grandpa should be fine.
2006-10-20 11:38:40 · answer #5 · answered by Scotsman 5 · 1⤊ 0⤋
It's against teh law for tehm to garnish wages against socaila security, but they could put a judgement against him that would get paid, with interest, when he sells teh house. Better to send them $5 a month and get it paid off because it could hurt his credit otehrwise, and evne though he's older, he might ned his credit at some point.
2006-10-20 11:46:10 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The most they will do is place it on his credit. It would cost way to much in legal fees to actually go to court and get a judgment or a lien placed on his house. These collection agents will threaten any and everything to see if they can bully someone into paying them.
2006-10-20 11:45:20 · answer #7 · answered by saved_by_grace 7 · 0⤊ 0⤋
He should take out a loan to pay off the cell phone and make small payments each month. If he couldn't afford it, why did he rack up such a phone bill? You do have to pay for goods and services, even if you have a low income.
It depends on the $ amt. what they will do. It may go to court.
2006-10-20 11:39:56 · answer #8 · answered by Phoenix, Wise Guru 7 · 0⤊ 2⤋
He can make arrangements to pay whatever he can even if its only $20 a month.
2006-10-20 11:46:19 · answer #9 · answered by ANGEL 4 · 0⤊ 0⤋