Legal Question in Credit and Debt Law in Missouri

POA and Collection Agencies

I recently became POA for a man on Social Securityand now living in an assisted living home. I recieved a letter from a collection agency stating he owes $6888. I called the number to see what this was about. I was told I had to send my POA papers and then call back before they could legally talk to me. After doing this, the collector said this was an outstanding car loan and the last payment was 5/07. He kept insisting the man had signed a contract and wanted to know how I was going to take care of the debt. I told him the man was mentally disabled, has no money and I did not believe the loan was his. (In a pile of papers I had found a copy of a car loan from 2006, but it had only the deceased spouse's name and signature. This van had been repoed 5-6 months after the purchase date. I did not share this info with the collector. ) The spouse had no estate-their low-income house was in both names. They had no savings. I keep getting calls from this agency. What are my legal responsibilities in this matter? What do I do to end these phone calls?


Asked on 7/12/08, 4:19 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: POA and Collection Agencies

You should be able to end the collection calls by writng the collection agency a letter telling them that this is a disputed debt; that no payment will be made; that you insist that a copy of your letter be forwarded to any credit bureau that has been advised of this matter. Then close with a demand that all further contact be stopped. You may also say that any violations of the Fair Debt Collections Practicdes Act will result in suit being filed by your attorney. Send it certified and keep a copy.

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Answered on 7/12/08, 8:56 pm


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