Legal Question in Credit and Debt Law in Minnesota
My mom signed on a car loan for me, she as the buyer and myself as the co-signer. I am filing chapter 7 bankruptcy and she passed away almost a year ago. I voluntarily surrendered the vehicle. Now a collection agency is telling my dad that he is responsible for the $3000 owed after auction. He was told they can't go after me for it due to the bankruptcy. My attorney tells me this isn't right and that he's being harrassed. But the collection agency says my attorney is wrong and that he doesn't know collection law.
2 Answers from Attorneys
Your attorney is correct. Obligations by creditors/collectors must be claimed from your mother's estate. You should contact a consumer rights attorney who can help you stop the harassment and file a claim against the collection agency that is harassing him.
Our firm focuses on consumer rights against collection agencies and we would be more than happy to help.
I expect your attorney is right. Tell him or her about the calls your dad is getting -- it is possible that the collection agency is violating the law by trying to collect from him for a debt not in his name.
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