My wife's grandmother, whom is 89 years young and in a nursing home had some credit card debt when she was admitted some four years ago. Now, my wife got a threatening call from one of those companies a few months back basically saying if we didn't pay the debt they would take us to court. I called a lawyer and was told that they couldn't take us to court because it is the grandmothers debt. Is there anyway we can be held responsible for her grandma's debt? By the way, I told the credit card company we weren't going to pay and I haven't heard from them since. By the way we do have power of attorney over her finances but that was only to get her into the nursing home (we got it a few months before she was admitted). There has been no charges made on her credit cards since the day she went into the nursing home. Actually we didn't realize she had so many credit card accounts, but she payed on them faithfully up until she went into the nursing home. She had some since the 60's.
2007-05-24 02:51:38 · 7 answers · asked by anon 3 in Business & Finance ➔ Credit
Forgot to add she has no money, she lived on her Social Security benefits, the nursing home uses her Social Security to pay her nursing home bills.
2007-05-24 03:45:44 · update #1
They also got rude with my wife, saying things like, do you really know your husband or do you really know your daughter? She was so upset she called me from work almost in tears. Or saying things like, old people dont use credit cards, your husband was charging the credit cards.
2007-05-24 03:57:49 · update #2
I meant to say she called me at my workplace very upset.
2007-05-24 03:59:35 · update #3
If your grandma is the sole debtor on all of the cards, they cannot do a thing to get the money from you or anyone else besides your grandma. They are BS'ing you, and this is probably why you have not heard any more from them.
When and if your grandma dies, they can petition the court to get paid from any estate funds she may have, but the important stuff will come first - like the nursing home bills. They might get something, but only if the judge handling the estate orders it, and only if there is anything left after the more important bills are paid.
2007-05-24 03:05:59 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You were contacted by the collection agency because you are in control of her finances, even though she remains liable for the debt. You need to explain to the collection agency your situation here, and ask them for proof of the debt's validity. Assuming that such proof can be provided, grandma is still liable for the debt, and you should consider attempting to make an arrangement with the debt holders. They may well cut you some slack, given Grandma's situation. If not, they will obtain a judgment against Grandma, which will follow her estate and be paid from anything she may own at the time of her death.
2007-05-24 03:04:47 · answer #2 · answered by acermill 7 · 1⤊ 0⤋
They can't go after you and your wife personally, but because you are her power of attorney, you could be called into court and ordered to pay her debt, even after her death where the monies would come from her estate.
If it's an honest debt that grandmother made, why not pay it with her money?
2007-05-24 03:02:40 · answer #3 · answered by Riviera_ 4 · 1⤊ 1⤋
You need to know your rights with Fair Business Credit Act. DO NOT ADMITT TO THE DEBT. Depending where you live you can record the conversation with the collections person if they are being rude and you are being treated unfairly. You will have to let them know that you will be recording the converstion, but if they are that stupid to not know the rules to begin with, you just might get them to agree. You can report them and also there are (depending where you live) a statute of limitations on the time frame of the collection itself.
Good luck and don't forget to do a little research with the FBCA.
2007-05-24 03:42:14 · answer #4 · answered by carolynjlalena 3 · 1⤊ 1⤋
Don't worry the lawyer you spoke with is correct. If the credit cards are in the grandmothers name only, there is nothing they can do except come after her estate after she passes away.
2007-05-24 03:24:04 · answer #5 · answered by ? 7 · 1⤊ 0⤋
First, you're able to be able to desire to be sure how plenty you owe. Is it $40k or $18k? Is all of it vital or is it pastime and expenditures? it truly is a extensive debt so the series enterprise stands to make a brilliant earnings which will, of course, bring about plenty extra escalated collecion concepts. i will't decide the authentic nature of your question yet, if it truly is your debt, you're able to be able to desire to take action NOW. With one in all those enormous quantity, they are going to bypass to courtroom and place judgements against you which will reason all varieties of issues for you sooner or later and likely, lenders can report "involuntary financial ruin" lawsuits if money owed are sufficiently enormous. you're able to be able to desire to talk to the collector. If this guy or woman is nasty, get the callback huge type ( they are in a position to have left a minimum of one) and communicate with a supervisor. If it truly isn't your debt, you're able to be able to desire to checklist each and every thing so as which you would be able to dispute it. Please grant extra information.
2016-10-13 07:59:46 · answer #6 · answered by ? 3 · 0⤊ 0⤋
TO SOME DEGREE,YOUR RESPONSIBLE''THAT POWER OF ATTORNEY,BUT SHE'S IN A NURSING HOME--YOUR ATTORNEY SHOULD FORWARD A LETTER OFCEASE AND DEMAND,THAT'S SO THEY CAN-NOT CALL YA,,AND SIMPLY EXPLAIN''SHE'S IN A HOME-NOW;;JUST TO GIVE THE BENEFIT OF DOUBT--YES,THAEY CAN BE SUED FOR THREATENING,,CHECK OUT FCRA LAWS(how is it your attorney is not on top these matters)it;s his JOB,to do so''''
2007-05-24 03:19:43 · answer #7 · answered by Anonymous · 1⤊ 0⤋