Legal Question in Credit and Debt Law in Pennsylvania
My 67 year old mother was contacted by a creditor for a debt my brother owns. Over the phone, she agreed to pay the debt. They sent her a document to sign to pay the agreement, which she didn't sign. Her two daughters told her not to pay the debt. They did charge her credit card, which was stopped as fraud by the bank. The vendor now states that because she verbally agreed to pay the debt (they recorded her), she is now liable for the debt. Is this true?C
3 Answers from Attorneys
No, she is not liable for the debt. This is a scare tactic. Have her call a consumer attorney, whether its my office or another, for a consultation.
This was dumb. This is a favorite tactic of debt collectors. When a debtor is late, then the debt collector starts calling friends, family, neighbors, employers, co-workers or anyone else to demand payment.
Your mother is not responsible and never should have agreed to pay. The daughters or you need to get on the phone with the debt collector - have your mother there and have her authorize one of her children to talk for her.
Get all the pertinent information about the debt. Get the name of the collector and name of the rep. Ask if the call is recorded. If possible, make your own recording of the call and tell the agent that you are recording.
The child has to advise in no uncertain terms that your mother has obtained legal advice and has been advised that she is not responsible for the debt and that the brother does not live with your mother and that the debt collector is not to bother her again or induce her to pay through trickery. Advise them that they are only permitted to obtain location information about your brother and since he does not live with your mother that should have been the end of the discussion. Advise them that they are in violation of the PA Consumer laws (called the PA Fair Credit Extension Uniformity Act) and if the call again, your mother will be speaking to her lawyer who will then be contacting you. Then hang up.
It is doubtful that the debt collector will pursue your mother any further. They will, of course, continue to pursue your brother but that is a different matter.
If the debt collector dares call your mother back after one of the children give the above speech, please contact me for further help. For a reasonable fee, I can contact the debt collector on your mother's behalf.