Legal Question in Credit and Debt Law in California

Re: distressed debt company after my Mom

They cannot even contact her relatives. Under California law they cannot attach her pension, Medicare, Medicaid, etc. Tell them to go pound sand. If they contact you again or if they harass you in any way, there are legal remedies available, please feel free to contact me.

Re: distressed debt company after my Mom

if you and your relatives at issue were not under privy of contract on the alleged debt (joint account holders), then there is no remedy the debt purchaser would have against any of you here, apart from your mother. further, if you send them a cease and desist letter stating you do not wish to be contacted in respect to this debt (as a third party), then they must immediately stop "harassing" you and your family period, or they would face civil and/or criminal sanctions, and in some cases have your mother's debt offset by their infractions. if your mother becomes victim of a lawsuit, and they prevail, only her bank account, real property holdings and/or wages can be garnished realistically. since she has no wages to garnish, and the assets that you mention in your question are "protected" by law, there really is nothing to attach/lien/levy in the event of a successful lawsuit, unless your mother has real property holdings not protected by the homestead act. the most important thing to remember here is that they are not most interested in suing, but collecting some portion of the alleged debt. if you would like a skilled law firm in this area to assist your mother, contact us today.

Re: distressed debt company after my Mom

The relatives are not responsible unless they signed a guarantee on the debt. You may have an action against this company for violation of the Fair Debt Collection Act. Have you received any letters from this company or just phone calls. Please contact me at 714 363 0220 and I can answer any other questions that you might have.

Re: distressed debt company after my Mom

Collection agencies--aren't they great people? If you didn't co-sign for the debt, you are not responsible for it, and they can't call you. Her pension is

Re: distressed debt company after my Mom

Collection agencies--aren't they great people? If you didn't co-sign for the debt, you are not responsible for it, and they can't call you. Her pension is probably protected under the California exemptions, but even if not, an attachment would not likely alter her Medi-Cal benefits--it'd just mean Medi-Cal will have to pay more as her "share of cost" has dropped.

Ask, in writing, for written proof of your responsibility for the debt. If they can't provide it yet continue to harass you, you may want to have an attorney sue them under the Fair Debt Collection Practices Act.

Re: distressed debt company after my Mom

Collection agencies--aren't they great people? If you didn't co-sign for the debt, you are not responsible for it, and they can't call you. Her pension is