REQUESTING A POWER OF ATTORNEY

ComplaintsCollection AgenciesJ C CHRISTENSEN & ASSOCIATES

Complaint

0
UBALDINA RIVERA
Country: Puerto Rico
I want to know why they are trying to get my mother which is an 82 yr old woman sick and they want me as a daughter to get a power of attorney so they can give me the information pertaining her.

Comments

  • 0
    tj
    Debt collectors are prohibited by FDCPA from disclosing any information on an alleged debt to third parties without the permission of the alleged debtor.  Although the sleazy ones do this anyway, as an attempt at intimidation through embarassment, those complying with the law do not.

    If your mother cannot talk to them, say, due to failing health or mental capacity, they still could not talk to a third party without either her permission, or if you were her guardian or had power of attorney.  They are covering their butts to protect themselves from getting sued for violating FDCPA, but what they are requesting is farther than you actually need to go to find out what they are collecting on.

    It would be sufficient for your mother to simply tell them, either verbally or by letter, that they can discuss whatever financial matter they are calling about with you.  It would also be sufficient if you simply told them to send their FDCPA required "g" letter addressed to your mother, after which you could assist her in sending a dispute and validation request letter back to get the details of the alleged debt.  

    You and your mother have no obligation to handle this matter just by phone, and normally, communications with debt collectors by letter is more effective at pinning down any alleged debt and making sure that it is valid and owed.  Collection agencies prefer the phone, just because it's cheaper, less work, and the sleazy ones think they won't get caught by their lies, but FDCPA requires that they all send a "g" letter within 5 days of first contact, so ask them where their "g" letter is.

    If you are dealing with medical debt, insist on getting copies of full, itemized billing and latest statements, so that you can check that the charges are correct and that insurance or Medicare claims have been properly filed and claims paid.  You may want to contact the hospital or medical providers directly, rather than add the complication of incomplete information and possible billing errors introduced by a collection agency in the middle.

    If your mother has health problems, it is probably a good idea for some trusted family member or friend to have power of attorney and to be authorized to act for her in her health interests, in case she becomes so incapacitated that she can no longer give this authorization.
  • 0
    tj
    If you have problems with any debt collector harassing you or evading sending validation, you can report them to FTC and your state Attorney General.

    This debt collector is located in Minnesota, so you could also ask for assistance from the Minnesota Attorney General.

Post a new comment