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My son bought a car in my mom's name it was reposessed and now they're saying they're coming to sue my mom. She's 81 years old and this is really stressing her out. They're telling her that they're taking her house and everything she owns can they continue to harass her like this and can they really sue her at her age?

You need to get her grandson, your son to step up and take responsibility, he is letting grandma be harrassed because he wants to be a deadbeat debtor.

The way you word, he bought a car in her name, did she know or was he scamming everyone?

That is elder exploitation and in my personal opinion quite frankly it boarders on abuse.

Tell him it's time to put his big boy pants on and get these creeps off grandma's back. Or he can be turned in for financial exploitation of a senior citizen. Those are his 2 choices.

You really need to protect your mom and not your son in this situation.
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Reply to Isthisrealyreal
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What farmjelly said.

Was the loan obtained fraudulently? If so, report it, that is a crime.

If she cosigned then there is some responsibility there.

The amount owed on the loan is the difference between what the principal was and the amount the vehicle sold for.

Be very careful with what you say. Do not ever indicate to loan holder or collection company that the amount belongs to her. Make it clear it is his debt.
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Reply to gladimhere
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If the debt is in her name, the creditor can and will come after Grandma for the residual balance of the debt. If she signed or co-signed, she is legally responsible for the debt. If grandson used her name fraudulently, she is still responsible for the debt UNLESS she files a police report against your son claiming fraud or identity theft.
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Reply to FarmJelly
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I skimmed over the comments but what is being done to grandma and you is harrassment. The FTC has rules against collection agencies on how they can collect.

I agree with Tacy that a car being repo'd is different than other collections. Usually the car is auctioned. So lets say u owe 10k and the bank gets 5k. You owe the difference of 5k and they will try to collect on it. Your Mom did the son a favor and he should pay any balance owed. But they will come for Mom as cosigner.

Saying that they will come after Mom for her house and everything she owns is against the law. You need to contact the FTC and file against the collection agency. I suggest your son set up a payment plan to pay what is owed. This is his responsibility.
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Reply to JoAnn29
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Guys, a repo'd car is different than other collection debt because of FMV of the vehicle and the sale of the car by the bank. Most banks will blind auction or sell the car to break even. At that point, there is no debt.
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Reply to tacy022
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Ahmijoy Oct 20, 2018
For Grandma’s sake, I hope so. Son should be made to suffer some consequences however. I still think he should get a job, or or if he already has one, pay back any money owed.
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Ugh. How was your son able to use her name? If she was a cosigner with him I believe the company can sue for loss(non payments and any damages). Ask a lawyer.
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Reply to Levans2008
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If the car is in her name, then yes she can and will be held responsible regardless of her age and financial situation. But the repo company/collections agency does have to follow the law in their attempts to collect on the debt. We just got a $41 collections notice for my late mother-in-law, seems her partner and/or her brother failed to pay their Comcast bill for the month of June & since the account was in her name, they are coming after her for payment despite the fact she is no longer living.
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Reply to worriedinCali
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DeeAnna Oct 20, 2018
Cali, Did your MIL's estate go into probate?  Did the attorney for your MIL's estate put a "Notice to Creditors" advertisement in the local newspapers that stated that ALL CREDITORS have until ______ (Date) to submit debts towards MIL's estate?  If so, your MIL's estate may have to pay the bill.  Check with the attorney who is handling your MIL's estate and with the Personal Representative of the estate.
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So how long ago was the default and the repo? They are different dates.

So what you do is get the address of the collection agency. Write a letter disputing the debt. Ask for proof of the debt and proof of the repo company's sale amount of the car in question. Request phone calls to stop and all communication in writing no more phone calls. They have 30 days to provide you the information and you will have 30 days to respond. Depending on the amount owed, the agency may send you the information certified, do not sign for it until the last possible day which is usually 14 days out. This will postpone action by 60 or 74 days depending. Keep copies of everything and send everything certified with return receipts. Fighting collections is a PIA but if you do it right, you can get it dropped. Once you get return correspondence, let us know the amount then I can guide you nore. If they call after they have received your request of written correspondence, document it...it is leverage.

If you need a copy of a letter, let me know and I can PM one to you.

What medical conditions does your mom have? Dementia, by any chance?
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Reply to tacy022
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One thing I’ve learned in our dark journey through financial ruin is that no one gives a flying one how old or how strapped for cash you are. The collectors don’t care if you are a poor, little old lady or a young executive. They want their money, period. I recently had an account sent to a collection agency for a bill of $40.

However, there are laws against harassment. A collector cannot call before 9AM or after 9PM. They cannot call more than twice a day. They cannot threaten you. I have an app on my phone called “Robokiller”. It has successfully blocked 99% of all the collection calls I’ve gotten. Have it installed on Mom’s phone or if she has a landline, get her caller I.d. and an answering machine. Teach her how to screen calls. Unfortunate that she has to do this because of her good intentions toward her grandson, but necessary for her sanity.

Now, unless you declare bankruptcy, this bill has to be paid. If Son is not working, he needs to get a job (anywhere) and turn his paycheck over to you to give to Grandma for his car. He blew it and he has to pay the consequences. Find out who the money is owed to and send them anything you can from his paycheck. Send it regularly. Grandma’s heart was in the right place. I’m sorry for her that it didn’t work out.
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Reply to Ahmijoy
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Who are "They"?  We need more information so that we can give more appropriate suggestions.  Thanks.
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