Legal Question in Credit and Debt Law in California
Reporting conservatee's debts on conservator's credit
I am court-appointed conservator for an insolvent conservatee. Prior to my appointment, she generated debts. Following my appointment, I notified the collection agency of my appointment and changed the conservatee's mailing address to c/o my office. The collection agency commenced to contact me at home and at work about the conservatee's debts. The collection agency (Rash-Curtis) put her debts on my credit history. In telephone conferences, I advised them not to call me at home and that the debts were for an insolvent disabled senior. I wrote them to delete the debts from my personal credit history. In refinancing my home, I obtained my current credit history and the conservatee's debts are still on my credit history as though they were my personal debts. My credit has been damaged.
3 Answers from Attorneys
Re: Reporting conservatee's debts on conservator's credit
There may be a violation of the Federal Fair Credit Reporting Act as well as the Federal and State Fair Debt Collecton Act. We would need to review your documentation. We handle cases throughout California in both Federal and State Courts. Pleae contact our office so we can review your documents and proof. 714 363 0220.
Re: Reporting conservatee's debts on conservator's credit
You may well have a case under the federal Fair Debt Collection Practices Act. The Act provides for an award of attorney fees, so it is likely you will be able to find an attorney who will take your case without your having to pay attorney fees in advance.
Re: Reporting conservatee's debts on conservator's credit
Sue them. They are violating the law.
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