Credit Card Debt Legal

My friend's dad died recently. He had a credit card with a balance. When my friend notified the credit card company, they put the account in my friend's name and billed him for payment. My friend's inheritance is still in probate. Is this legal?

If your friend was an authorized user on the account, they often do this.

Your friend needs to submit the bill, before & after the change, to the probate court or trustee.

What crap, he needs to call the credit card company and ask them to submit the proof of authorization of the debt to your friend.

Good luck to him and condolences on his loss.

2008-10-08 13:45:25 by sqlbait

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I'm searching for a web site or phone number to get free legal advice for credit card debt. I need a place that will give me an immediate answer. Thanks for your help.

In most areas, attorneys will give you a free consultation. As this is a credit card debt, you may want to look for someone who does collection work for companies, as they are more experienced in debt law. A lot of "general practice" lawyers have not impressed me on their knowledge.

2007-04-21 06:36:17 by Amy

Price: $100.00

Without her permission, a collection agency harassed my wife's parents, threatening legal action against my wife and discussing her debt issues with them. After then being told not to talk to them, they continued to call her parents about it.
We have no recorded conversations or messages, just the testimony of her two parents.
We are now being sued for the credit card debt, could we counter with legal action of our own?

The collection agency did violate the FDCPA by speaking with her parents

§ 805. Communication in connection with debt collection [15 USC 1692c]
(b) COMMUNICATION WITH THIRD PARTIES................
http://www.ftc.gov/os/statutes/fdcpa/fdc pact.htm#805

The collector cannot be held liable through the FDCPA for violating a "verbal" C&D, if she or her parents failed to send a C&D "in writing" telling them to cease contacting her parents.
If she or her parents notified the collector to C&D in writing, then she could go after them for that violation also.

Yes - she can file counters for ANY and EVERY violation they have committed.

She should get a notorized statement/affidavit from her parents concerning the phone calls. Specifying how often the collector called, what was said, etc., etc.

A "few" other things to look for that may be useful in filing counters -
Look over her credit reports for "any" violations the collector is reporting.
If she is past the legal collecting SOL for her state. (before the date that they filed the suit)
If they had violated any state statutes (never overlook states statutes, they often have more teeth to them than federal laws)
If they are not licensed and/or bonded IF your state requires it.

You should do as much reading as you can in the FDCPA, FCRA, also look through the FDCPA and FCRA staff opinion letters (and she might cite a letter if it will help), your states credit/debt statutes (she should cite any law that backs up her counters) AND you need to use your states rules of civil procedures when answering the suit and filing counters.
You should also try to find case law to back up her counters.
Generally try to find case law from your state first before citing case law from other states.

FDCPA Staff Opinion Letters
http://www.ftc.gov/os/statutes/fdcpa/let ters.shtm
FCRA Staff Opinion Letters
http://www.ftc.gov/os/statutes/fcra/inde x.shtm

You might click on my profile and do some reading in the "last" link listed.
It is a free credit discussion board where you will may find quite a lot of the info that you are looking for to help you in writing up her answer and filing counters. You can also ask any questions you might have on there.

If she has quite a few counters, she may be able to talk an lawyer into taking her case on a contingency basis. The lawyer should request the court that the collector pay his/her fees if your wife wins her counters.
If she gets a lawyer, be sure it is a lawyer that is well versed in consumer laws. Many lawyers will give a free first consult, ask about that if she calls.

Even if she gets a lawyer, you and she should still be as informed as you both can be on the federal and state laws.
Generally lawyers and judges are very knowledgable, but many times the informed debtor will know things that the lawyer or judge does not know - yes it does happen since there are so many laws, they cannot know everything.

2007-08-03 12:27:23 by jumbo lopez

Price: $9.95

I was on the verge of Bankruptcy a couple years ago and my parents generously offered to allow me to move back home for a year to get my credit squared away.

In that year, I managed to settle my debt with almost all my creditors for about 1/2 to 2/3rds of the orginal debt. For example, my debt with one credit card was about $1,800 and I settled for $1,000 and paid it off.

A year or so later, I'm starting to receive letters from different creditors stating that I owed now $800.00 to them as they've bought the balance of my debt from the last collection agency.

Is this legal? Why should I bother settling if they can turn right around and make the pay the full balance anyway? I live in the State of Oklahoma if that matters.

Do NOT pay them anything and tell them that you've settled the original debt with the original company. If they insist that you owe the money tell them that you have the documentation to show that the debt was settled, and if they report you to the credit companies, that you'll file a wrongful debt suit against them. Play hardball and you'll win, but under no circumstances pay them a penny. If you do, it's like an admission of the debt.

2006-09-21 08:58:46 by Heather S

I am a 61 year old single woman, self employed ($0.00/month), with $80,000.00 credit card debt with an average 6.5% interest rate. I acquired about half of this debt from 1999 to 2005 when I was caring for my elderly parents who were ill from cancer and Alzheimer’s and was unable to acquire new clients in my business and most clients left me because I could not give them the time their accounts needed. When I started to see this happening, I answered all the ads I possibly could for employment, even interviewing and being tested to no avail and had to pay most of all my living expenses with credit cards from then until now even making the minimum payment to the credit card companies with the debt.

I own my house that has an assessed value of $165,585.00 plus taxes and insurance totaling $2,000.00 per year. I owe the bank $40,000.00 for a home improvement loan on an addition that is unfinished.

I own a commercial building free and clear and had been renting it for $1000.00 a month until June 2008 and the renters moved out. I have been trying to sell or rent it since then to no avail. Its assessed value is $80,000.00 and property taxes of $1,000.00 and insurance at $700.00 per year and needs a new roof.

I will have a 75% interest in the sale of my Mother & Father’s home when it sells? The assessed value is $316,225.00. It has a $50,000.00 home improvement loan against it.

I have a $10,000.00 IRA

One more year and I will realize about $300.00 per month in Social Security or perhaps more because an ex spouse I was married to for 30 years (wouldn’t allow me to work) is drawing much more than that?

The bottom line is I do not have any immediate money to pay the minimum balance owed to the credit card companies. I realize when and if the real estate I own sells, I will have some money. But, that money will be the ONLY money I will have to live out my life. I am hopeful every day that I will be able to find employment, but this just hasn’t happened.

I have reduced my living expenses down to $1,200 per month ($600.00 per month goes to the bank to pay the home improvement loan). I have no television, I pay only electricity, water, sewer, garbage, internet, car insurance and a cell phone that is $30.00/per month. That leaves very little for food, but I get by. The credit card minimum payments are over $1500.00 per month and these are so high because I have used the money to live on and pay my monthly bills including them. I own a 13 year old small truck but rarely drive because I cannot afford the gasoline.

My question is what are the exact steps and exact verbage to notify them that I can no longer pay any amounts to them on my unsecured debt to them? What legal actions can they take against me?

Speak with your credit card company as soon as possible, before you cant pay and they turn you over to collections. It depends on the company if they can offer you any assistance. I would suggest checking into a reverse mortgage on your home, but I believe you must be at least 65 to do that. With debt that high your creditors can take you to court and have possible liens placed against anything you own. You could try debt consolidation services, make sure they are non profit as some charge you for their services.

2008-09-29 14:53:41 by Hope G