Legal Question in Elder Law in New York

my fathers old debt

Some years ago my parents had a credit card debt. While caring for them I paid all but the last $1500 or so. They eventually both had to be placed in a nursing home. We sold what few assets they had left to pay medical bills, the medicaid spend down and all that was required. However, the credit card debt remained. Under advice of my parents lawyer (since passed away), Dad wrote a letter to the credit card company explaining the circumstances, small remaining debt, no assets left, no income, etc. The credit card company replied a letter stating that under the circumstances they were forgiving (writing off?) the remaining balance. However, now three years later my father has begun to get calls from someone looking to collect on this balance, saying that with late fees and interest the balance is now $10,000+. I told Dad to have them call me as I am POA, but they have apparently refused and call him a couple times a week. Dad is, of course, rather upset and his health is declining. Any advice on how I can resolve this?? Should I try to contact the original credit card company, I do not really know who is calling Dad.


Asked on 2/28/09, 11:46 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: my fathers old debt

Tell dad to tell the caller that they are harassing him and to stop calling, and if they want to get in tough with him to write a letter. And then hang up, and get caller id and don't pick up the calls anymore, and if they get through anyway, just hang up.

Good luck.

Rick Bryan

New York, NY

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Answered on 2/28/09, 12:45 pm


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