Mary Jane attempting to collect debt from mother of a son in error

Complaint

0
Sandra Boes
Country: United States
Debt has to be outside of Statute of Limitations since brother in prison from 1999-2010.

Comments

  • 0
    tj
    They have a number of consumer complaints that they obtain default judgements through "sewer service".  If you receive any summons, get an attorney and respond, or they might get a default judgement, even though the debt is not your mom's, and even past SOL.

    They may also be in violation of FDCPA, for deceptively claiming she owes a debt that they know is not hers.  You may be able to sue them for violations, and courts can award statutory and actual damages, and attorney fees, if you win.  As a result, many consumer attorneys take these cases on contingency.

    Be aware that deceptive debt collectors will sometimes falsely claim a parent is a "co-signer" on some debt, when they know the debtor isn't likely to pay.  They may even claim the account was opened "fraudulently", to pressure the parent to pay an unowed "debt" they claim has their name on, or else they have to "turn in the child to the police".  Or they might tell you to pay them, and you can get your money back by suing the actual debtor.  When this is played as a con, you will also find they make various excuses for why they can't or don't have to send any validation of the debt, since that would reveal that it's all a lie.

    Or your brother might actually have fraudulently opened an account in her name.

    Regardless, you mother should dispute the debt, and demand that they obtain documented proof of the alleged debt from the original creditor and send it.  Request this in writing, mailed certified return receipt requested.  If you send this within 30 days of their first letter, they must cease collection activity until they send it.


    This is worth running by an attorney, to make sure they don't take advantage of your mom.
    You can find a consumer attorney in your state through www.naca.net

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