Legal Question in Credit and Debt Law in Florida

I am the power of attorney for my mother and I have recently entered into a contract to make payments to a collections law firm in order to prevent them from entering into a civil suit against my mother. They pretty much kept up good communication right up until I sent them the signed contract and the first payment and all of my subsequent correspondence has gone unanswered. I've asked them for a few things which I feel aren't too much to ask for. I asked that they send me something that shows that they actually represent the creditor and that they have permission from the creditor to enter into contracts on their behalf. I've also asked that they have the creditor send me a monthly statement showing the beginning balance, payment and new balance for the current month as proof that the payments are being applied to the account. Also, after I sent the first payment, which was a personal check, I again read the contract which stated that they wanted the payments to be made with certified funds but they cashed my check anyway, so I asked them that since they accepted my check if it would be ok if I paid the same way for the remainder of the contract. I don't know what they have to provide me by law, but I don't think that at least giving me a monthly statement is too much to ask for. I'd like to know if they are legally bound to provide me with any of the things that I ask for, or if they are at least required to respond to my correspondence. I don't feel comfortable just blindly sending payments to this law firm, especially since they are ignoring me since I started making the payments. Also, is it within my rights to state that I will stop making payments until they provide me with the information that I am requesting or am I stuck now that I've signed a contract? Just so you know, the name of the law firm is Hayt, Hayt, and Landau. Any and all help would be appreciated. Thank you so much for your time and attention to this matter.

Asked on 8/23/11, 3:45 am

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

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they have sucked you in. You need to find an attorney to represent you in this matter. You are not responsible for your mother's debts. Contracting for her under the POA is fine as long as you are in a position to do so. Sounds to me that you breached your fiduciary responsibility.

Answered on 8/23/11, 6:02 am

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