Has the company notified your mom of legal action or have they just threatened it? It's pretty rare to hear about a credit card company suing the card holder although I know they like to threaten it which, by the way, is against the law.
When my dad went into the nursing home all of his credit card payments stopped because, as you said, the nursing home took all of his social security and he was on Medicaid.
Do not talk to the company yourself. While you can't be held liable under any circumstance, if the company gets your phone number they will call it incessantly looking for payment. If you have to speak to them do it in writing but there's really no reason for you to speak to them.
Do they know your mom is in a nursing home? You can let them know in writing.
As POA and as the daughter you have no liability. The credit card company will throw around words such as "executor" and "Power of Attorney" but they're scare tactics.
Until you receive written notification from an attorney stating that the company is suing your mom you don't have to do anything.
I'm getting threatening letters with the verbiage of her vs. B of A and being sued from so many sources...wanting me to hire their firm to represent her. Am I over worrying this situation.
Unless she owes hundreds of thousands of dollars, it costs the credit companies more to sue than its worth to them. What they do is a “write off”. They close the account (Write off) and turn it over to a collection company. They are the ones who call you. You don’t need to speak with them. You don’t need to defend yourself. The debt isn’t yours.
You are getting harrassed by what we call “ambulance chasers”. Don’t even open those letters. As a last resort, hire your own reputable, local attorney. When you begin to get collection notices, send them to the attorney.
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.
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.
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.
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.
Was the debt created prior to the final divorce decree? Or a new CC in her name only after the divorce? A year in the NH? Did she charge on the CC while in the NH? This may not be her charges, so just slow this whole process way down, slower. After service of process, they will be required to document their claim, sending you the statements, again.....do not confirm the debt because you don't know if it is valid.
Send for Mom's credit reports from the 3 major credit reporting agencies. This will tell you of any more debts, and more info on the B of A activity by months, years. It is free once a year.
Familiarize yourself with: " there are state laws that provide protections. The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you., as well as other safeguards." Then, read it again.
The timeline seems a little fast.... 1) A letter, being turned over to collection. Received when? 2) Were there calls or letters offering to settle the debt, for much less than owed? 3) An actual case filed against her--- without calls, letters from collection agency? 4) On behalf of Mom, you have not yet been served, but separate from that, someone is contacting you to represent Mom? Saying there are other debts?
Tacy, Please make your own posts and direct them to Ellecbel. Contradicting another poster and their efforts at advice will just create dissension, much like the trolls try to do. This is not a competition. The poster is probably aware we are not attorneys, and advice offered does not carry an obligation to be followed. If I am wrong, I apologize to Ellecbel.
This could very well be a scam. I had a collections agency go after me. When we got to court, my defense was "what evidence do they have that I own this money?' Guess what, they had a spread sheet, nothing else. I pointed out to the judge that I could create a spread sheet with his name on it. "Case dismissed." If your mom has no money, what are they going to do? I know it is upsetting, but even if this is a real debt, they can't do anything that's going to hurt your mom. They can put a negative listing on a credit report-so what. If you feel you must do something then do the following. Get free credit reports from the three agencies. Contact DIRECTLY the supposed creditors. See what's going on. Do not contact whoever these people are. Keep in mind please that as POA you are NOT responsible to pay any debt with your money. As POA you are responsible to not pay false claims.
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!
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"!
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....
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.
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.
Here is the timeline, from the internet, according California laws.:
"How long after a lawsuit is filed must the defendant be served? Plaintiff has 60 days to serve the complaint once it is filed. The court randomly selects a judge who will preside over most aspects of the case. The defendant is served with the summons and complaint. Defendant (the person or entity being sued) must respond to the complaint within 30 days of service."
ellecbel, oh Yes, I know what you are going through. My Dad stopped paying a lot of his bills because he said they were wrong, he already paid them. So now in a nursing home on Medicaid and with about $400 in his account, my brother is getting his mail and his bills. I was listed as his POA, and I was getting calls about $$ he owed for medical copays. No one has financial POA, and my brother has guardianship of Dad’s person. I am sure you are like us, and pay your bills. So to think our parents have not, is very upsetting. Collection agencies called me-I told them my Dad was in a nursing home on Medicaid and had no money. They kept asking me what I was going to do to take care of it. I told them I could not do anything, Dad had no money and no assets. They pressured me to pay them something and then get the $$ from Dad. I told them there was no money, it was not my debt. They only called me twice, then they stopped.
My brother was getting really upset about all the bills coming to his house as Dad’s guardian. But he said he is taking big breaths and just writing across the bills that Dad was suffering from dementia, on Medicaid, had no assets at all. Then he would mail them back, without signing them. Nothing has happened so far. How can they collect if there is no money? He also got some back taxes bills, but how can they collect if there is no money? They will not put a 91 year old man with dementia out on the curb. We decided to take big breaths and see what happens. In Ohio, where Dad lives adult children are not responsible for their parent’s care.
Many warm arm wishes to you, our parents left us a mess that we cannot clean up.
I see that the collection agency was trying to get YOU to pay on a debt that is not yours. They will do that. They will do or say anything to get money. Good for you that you stayed strong and said no! If the tax bill is property tax on a house, they will put a lein on the property and collect when the property is sold.
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.
BofA is ruthless. They can and will use every available resource to collect a debt. I say this from first hand personal experience. They don’t play. Tacy is very knowledgeable about what she/he speaks. I don’t know the backstory regarding any history with Tacy & other posters. I do know, as stated above, that BoA is ruthless and will pursue any means to get payment. If a lawsuit was filed, from my experience, in November 2018, the bank would have been trying to collect for a long period (12-24 months) prior to the actual lawsuit filing. Filing the lawsuit doesn’t happen in 30 days. BofA may have attempted to obtain repayment on this matter and were ignored; thus the lawsuit. For those stating that this is a “scam” the OP did provide information that the CC was indeed her mother’s. OP never denied the debt (unless I missed something). A public forum is a place to provide guidance. We can’t possibly know all the details. The forum can offer solutions but no absolutes as we hear one side of the story. I understand Tacy has a lot of experience in this field and I have appreciated her replies in the past. I would prefer not to lose her/him from this forum’s resources. Nor did Tacy issue any personal attacks. And Tacy is correct, the reply given to the OP the first time was very different from that poster’s first comment. I am not saying one nor the other is incorrect. But let’s respect everyone and realize this is an anonymous Internet forum; trust but verify. Let the OP take the ideas received and move forward.
I would expect the papers to include instructions, or at least recommendations, about what you should do next. What do they say?
When my dad went into the nursing home all of his credit card payments stopped because, as you said, the nursing home took all of his social security and he was on Medicaid.
Do not talk to the company yourself. While you can't be held liable under any circumstance, if the company gets your phone number they will call it incessantly looking for payment. If you have to speak to them do it in writing but there's really no reason for you to speak to them.
Do they know your mom is in a nursing home? You can let them know in writing.
As POA and as the daughter you have no liability. The credit card company will throw around words such as "executor" and "Power of Attorney" but they're scare tactics.
Until you receive written notification from an attorney stating that the company is suing your mom you don't have to do anything.
You are getting harrassed by what we call “ambulance chasers”. Don’t even open those letters. As a last resort, hire your own reputable, local attorney. When you begin to get collection notices, send them to the attorney.
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.
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.
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.
Or a new CC in her name only after the divorce?
A year in the NH? Did she charge on the CC while in the NH? This may not be her charges, so just slow this whole process way down, slower.
After service of process, they will be required to document their claim, sending you the statements, again.....do not confirm the debt because you don't know if it is valid.
Send for Mom's credit reports from the 3 major credit reporting agencies. This will tell you of any more debts, and more info on the B of A activity by months, years.
It is free once a year.
Familiarize yourself with: " there are state laws that provide protections. The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you., as well as other safeguards." Then, read it again.
The timeline seems a little fast....
1) A letter, being turned over to collection. Received when?
2) Were there calls or letters offering to settle the debt, for much less than owed?
3) An actual case filed against her--- without calls, letters from collection agency?
4) On behalf of Mom, you have not yet been served, but separate from that, someone is contacting you to represent Mom? Saying there are other debts?
Is that correct?
Please make your own posts and direct them to Ellecbel.
Contradicting another poster and their efforts at advice will just create dissension, much like the trolls try to do. This is not a competition.
The poster is probably aware we are not attorneys, and advice offered does not carry an obligation to be followed.
If I am wrong, I apologize to Ellecbel.
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!
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!
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....
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.
"How long after a lawsuit is filed must the defendant be served?
Plaintiff has 60 days to serve the complaint once it is filed. The court randomly selects a judge who will preside over most aspects of the case. The defendant is served with the summons and complaint. Defendant (the person or entity being sued) must respond to the complaint within 30 days of service."
oh Yes, I know what you are going through. My Dad stopped paying a lot of his bills because he said they were wrong, he already paid them. So now in a nursing home on Medicaid and with about $400 in his account, my brother is getting his mail and his bills.
I was listed as his POA, and I was getting calls about $$ he owed for medical copays. No one has financial POA, and my brother has guardianship of Dad’s person.
I am sure you are like us, and pay your bills. So to think our parents have not, is very upsetting.
Collection agencies called me-I told them my Dad was in a nursing home on Medicaid and had no money.
They kept asking me what I was going to do to take care of it. I told them I could not do anything, Dad had no money and no assets. They pressured me to pay them something and then get the $$ from Dad. I told them there was no money, it was not my debt.
They only called me twice, then they stopped.
My brother was getting really upset about all the bills coming to his house as Dad’s guardian. But he said he is taking big breaths and just writing across the bills that Dad was suffering from dementia, on Medicaid, had no assets at all. Then he would mail them back, without signing them.
Nothing has happened so far. How can they collect if there is no money?
He also got some back taxes bills, but how can they collect if there is no money? They will not put a 91 year old man with dementia out on the curb.
We decided to take big breaths and see what happens. In Ohio, where Dad lives adult children are not responsible for their parent’s care.
Many warm arm wishes to you, our parents left us a mess that we cannot clean up.
If the tax bill is property tax on a house, they will put a lein on the property and collect when the property is sold.
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.
Tacy is very knowledgeable about what she/he speaks. I don’t know the backstory regarding any history with Tacy & other posters. I do know, as stated above, that BoA is ruthless and will pursue any means to get payment. If a lawsuit was filed, from my experience, in November 2018, the bank would have been trying to collect for a long period (12-24 months) prior to the actual lawsuit filing. Filing the lawsuit doesn’t happen in 30 days. BofA may have attempted to obtain repayment on this matter and were ignored; thus the lawsuit.
For those stating that this is a “scam” the OP did provide information that the CC was indeed her mother’s. OP never denied the debt (unless I missed something).
A public forum is a place to provide guidance. We can’t possibly know all the details. The forum can offer solutions but no absolutes as we hear one side of the story.
I understand Tacy has a lot of experience in this field and I have appreciated her replies in the past. I would prefer not to lose her/him from this forum’s resources. Nor did Tacy issue any personal attacks. And Tacy is correct, the reply given to the OP the first time was very different from that poster’s first comment.
I am not saying one nor the other is incorrect. But let’s respect everyone and realize this is an anonymous Internet forum; trust but verify. Let the OP take the ideas received and move forward.