Her entire social security check goes to the nursing home. She has no assets.

Was divorced by her husband/my dad 2 years ago. Created the debt in her name only. What do I do as her POA?

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Elle - your Mom on Medicaid in a NH is judgement proof.
Her SS and any other state or federal retirement income cannot be attached by any creditor. Ever. Even if they have a judgement on her.

the only ones who can place a garnishment of this type of income is the supercreditors..... which is IRS and State Treasury departments.

its not your debt, but unfortunately they have your address and cell # to harrass you. If mom only has this debt out there, I’d say block the calls and refuse service on anything addressed to her. If it’s addressed to you as DPOA for her, you kinda have to sign for it. But not if it’s her name solo.

Now if BoA is just the tip of an iceberg of debt out there surfacing, I’d suggest you asap get a private mail box rented and it becomes mom’s new address for everthing from SS, MediCARE / CMS, NH bills, credit card co., etc. Now you’ll need to rent it as they need your drivers license to open. But it’s your & mom’s name as to who receives mail at the rented post box. uPS stores rent them. But what may be better is a
independent mailing & shipping store. If you have a college or university in your town, there’s going to be one nearby campus. Get it there as you develop a relationship and they tell you when something interesting comes in. Plus you go like twice a mo to gather mail and deal with it. Right know it’s all piecemeal and driving you loco.

Once you have the box, then you do a letter on change of address notice and mail to everyone mom gets mail from. I’d do certified mail with the return registered card to any CC that she owes and within the letters to the CC you put in a sentence that all communications must be in writing only and to this address. The certified/ registered combo is like $8.00 at USPO.

Also what will happen that you’ll as her dpoa will have to deal with is a IRS 1099-c Cancellation of Debt. Only the OC aka Original Creditor, which for you is BoA, can issue the 1099-C. They may try to be speeding things up so BoA can get the write off for their 2018 corporate filing. If you get the 1099-c like in January/Feb, do a new post as several of us on AC have dealt with these and can give you options as to what we did.

its all resolveable but will be a buttrash to get through....
Helpful Answer (7)

WOAH! You're getting all of this info from a firm of lawyers chasing your business?

It's a scam. Bin them.

Did your mother actually have this credit card, did she in fact to your knowledge have an account with Bank of America? If so, and you still want advice, go to their own website and search "Help." There will be options for you to speak to advisers there about debt.

Whatever you do, remember that this debt (if there even is one) is your mother's debt and not your debt, and that your POA can NEVER make you liable for her debts. Do not in any circumstances pay a single cent of your own money to anybody.
Helpful Answer (6)

Sorry Send. It is really amazing how if anyone tries to give you any information, they are a troll.

Also, sorry for being on your naughty list. So why dont you just go play the sympathy card from your people about how you shouldnt have attacked me and you feel bad so you can feel better about yourself. YOU have made me leave this site several times by your actions.

This should not have been hashed out on this thread and I fully expect you to report this because thats what you do. If you want to PM me, I am more than willing to discuss. It is not fair to anyone when I personally avoid any thread you comment on for fear of this type of interaction.
Helpful Answer (6)
cwillie Nov 26, 2018
play nice
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So it looks like the advice that tacy provided turned out to be spot on.

The original poster found an actual lawsuit that had been filed against her mom.

Great job tacy, your advice is always well thought out and accurate. As it should be.

None of us should post just to see our name in lights, people are truly desperate in some situations and they will follow the opinion of complete strangers offering information that is nothing but opinion.

Maybe there should be a warning that you should not follow opinions without consulting an attorney on the home page of AC.

As for the posters that are trying to censor you, they are just jealous because you are so intelligent and knowledgeable. They can go away if they don't want to share a post with you, you are irreplaceable with your knowledge. We should all only post what we know and if we have a problem, do PMs, but there are those that don't allow messages so when the attack in public you have no choice. It is unfortunate that there are cliques that think they can tell others how to operate, just petty and grade school.

Keep up the great answers, you are an asset to be sure.
Helpful Answer (6)
cwillie Dec 2, 2018
I don't think anyone is trying to censor tacy or anyone else, just reign in the personal insults. People who ask for advice on a public forum have to use their own common sense to separate the wheat from the chaff.
Do not confirm the debt.
Do not respond to the scam solicitation.

Collection agencies do not sue if there are no assets.

Your Mom is likely what is called "judgment free", having no attachable income and no assets. Unless she has a home, but even then, this sounds like a scam.
Helpful Answer (4)

Typically your mom's choices at this point are (1) being sued, or (2) agreeing to debtor counseling and a repayment plan. Given that she's already in nursing home and all of her income is going towards her care, you have no reason to agree to a payment plan. Medicaid does not make any allowance for her extra "expenses." She will receive all of her care in the nursing home: medical, meals, therapy, etc. Her clothing and personal needs will have to come out of the meager amount of monthly income (about $73 per month) that she is allowed to keep. So there's nothing there for a debt counselor to work with. May as well let bank sue her, she defaults, the creditor gets the default judgment, now let them try and collect. Don't even bother hiring an attorney. When they send the notice of the lawsuit, you can answer it and state that she is in a nursing home, on Medicaid, all her income goes to the nursing home, and has no assets. They may just drop it. Medicaid comes first.

BTW this will ruin her credit rating but I assume that is of no concern at this point. At this stage, if she still has credit cards you should take them away. Bank MAY try to collect from her probate estate at her death but if she's in a nursing home on Medicaid there won't be anything left anyway.
Helpful Answer (4)
ellecbel Nov 26, 2018
My mom has absolutely no assets. Just an 8 year old car still in her name....worth 2k maybe. Her last physical address is mine so I get all of her mail. This is making me sick to my stomach.
Yes, people are trying to censor what others say, I have had it happen. And when you post, play nice, to a response to someone that is not playing nice, again, you are trying to censor and it was directed at the wrong poster, read everything and you will see for yourself. When you take sides, you fail to see both sides and that is life. Tacy didn't do anything to be attacked for by send, so she should not be getting grief for giving accurate information.

Yes, people should not take advice from any forum without knowing, but sometimes people are so overwhelmed with what they are going through, it's a lifeline and they are not thinking clearly because of all the stress they are under. That should be considered.

As far as how AC changed how we can reply, go to them, it is a screwy format but they are the only ones that can fix it.
Helpful Answer (4)
tacy022 Dec 2, 2018
The really pathetic thing about all of this is she is the first person to befriend a newbie and the first to stab. It makes me sick. The sad thing is she knows what shes doing but will message people thanks for not taking sides or to play a victim. Yet, is content in the victim role and rely on those she messages to defend her. Its disgusting, they dont even know what they are defending and they dont ask. Just leading the blind. Why cant she defend herself?

I hope no one ever goes through what she has said to me both publically and privately but karmas a b!tch.
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Ok you all; I'll be referee if you want..... Sounds to me as if both of you know a lot, and each has good points - so? Speaking of points, the point is to help the OP; you're doing it.

BTW, maybe a good PM chat WOULD help; I think both you guys give too good advice to back off the threads, we need both of you!
Helpful Answer (3)
tacy022 Nov 26, 2018
Mally, do you know what it is like to tell someone in real life that the information they got from AC was wrong, they have nothing and are broke and subject to leins and lawsuits? I do and it is not fun, it is horrible. Do you spend hours a week trying to negotiate for a client with companies that have good people and deep pockets? I do, it is not fun. It is depressing and makes you feel really bad. I actually posted about this weeks ago and was told I should bring things to people's attention...I guess thats not true.

No one should have given any advice here without asking basic common sense questions. But lets just call it a scam, tell people to ignore because hey it will just go away right? Not.

I dont comment on soft foods, being an executor or things I do not know about or have never done. So why should I expect answers to be legit rather than speculation? What I said about the companies was fact not conjecture...I do this every day. Sorry, if you dont know for a fact say I think or I is just decency. There should be a larger disclaimer about opinions only.

I am beyond the point of being furious about this. The like and helpful may be what you want to hear but that doesn't mean it is right. The fact the lawsuit is filed and people are still liking the "scam". How does that even happen?

Oh, sorry I responded to you. I guess I violated the moral, AC police's code again.
I don't know if this is a scam! What I do know is CC companies take unpaid CC bills and sell them for penny's on the dollar.

Rough example: lets say a person owe 3000.00 and that person did not pay on it. So, the CC company sells it to a collection agency. The CA buys it for 1000.00. The CC company recoups a 1000.00 of their money than the remaining 2000.00 either gets turn in to one of their insurance companies or it is written off.
Now the CA starts their scare tactics & threats which most of them are against the law in hopes of getting paid 3000.00, if a person pays the 3000.00...boom! They just made a 2000.00 profit. If a person pays 1500.00...boom! They made a 500.00 profit. It's a game to them.

The CC was in your mom's name.
"She has no money & no assets. "They can't get blood out of a turnip!"

However, collection agency will tell you the following:
You are responsible for this debt. (Your not)
Don't you feel bad that your mom has this debt that she ultimately stoled! (No)
This is why prices are so high is because of people like your mom and you! (So, what is your point!)
Won't you feel guilty that this CC company goes under? (No, not my debt!)
And my favorite: Do you steal from everyone, wow, how responsible are you? (No, again this is not my debt!)

Trust me, they have a 3 ring binder on how to respond and what to say for every situation. They are highly trained to make people feel bad so they can get paid. It is a dirty business.

They CAN NOT come after you as long as your name was not on the acct.

You can always tell the CA that your mom is in a NH and doesn't live there anymore and if they keep calling you that they will be hearing from your lawyer because they are harassing you.

If it is the CC company suing your mom; just go to court with documents stating she is in NH & her SS is being used for paying for the NH. Remember they have the burden of proof. The judge will probably throw the case out. No I am not a lawyer. But again, "you can't get blood out of a turnip"!

Relax, take a deep breath! You will be okay!
Helpful Answer (3)
Riverdale Nov 26, 2018
Or at least block their calls and don't answer any from unknown sources.
Cwillie, I guess I dont understand: how was I making a personal attack, could you explain? And what is the difference between me stating something to a person directly rather than bashing people on threads or through messages or calling people trolls? I have been on the receiving end of it many years and so have many others. If you would like, I could PM you a list for verification purposes. I do not think it is right you always defend her without knowing circumstances involved.

Send is correct about the timeline of lawsuits. To put this in perspective though, her original comment was edited from when I initially posted AND the timeline she is discussing now is completely different from her initial statement.
Helpful Answer (3)
cwillie Dec 2, 2018
Tacy, one of the things I dislike about the "reply" feature is that it takes the conversation out of the public part of the forum (yes I know that we can all still see it) and directs comments to someone at a personal level. IMO offering a different opinion on the thread is just a difference of opinion, offering that same comment as a reply to a previous comment is calling out the the person who made the original comment.

Anyway I think we all have people on the forum who resonate with us and those who don't, we all need to strive to rise above the bickering.
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