Legal Question in Credit and Debt Law in Texas
Collections harassment of Elderly People
In 7/99, my parents purchased a new small truck. My Mother became terminally ill, we had to move them here, sell their retirement home, then she died 9/8/99. In Nov., Dad, went back to the dealership asking to trade his truck for something less expensive. The sales rep told him that a lease would be the best option for him because if he saw that it was also too expensive, he could return it and ''walk away owing nothing.'' This idn�t sound right, but the Rep. assured us this was correct and sold Dad a similar truck, same year model, no less to operate or insure. Dad returned it 8 mo later, as he was told he could do. He has received numerous phone calls & letters from a collection agency saying that he owes money because the dealership lost money. We have sent certified letters with copies of the death certificate, told them that he is 80 years old, on a set income and has nothing left. They still call and send letters of demand. They tell him ''if you really wanted to pay us, you could find a way'' they have been rude, shaming and demeaning to him. They asked for $1,100 and now want $3,400. Is there anyone we can write to and have this company leave my dad alone? Is there any protection for the elderly who was bold face lied to?
1 Answer from Attorneys
Re: Collections harassment of Elderly People
Write to them, by certified mail return receipt requested, tell them in the letter that you deny the debt and that all subsequent communications are to be in writing. Keep a copy of that letter, the certified mail chit, and the green return card. If they call after the date shown on the return card, contact an attorney that's familiar with both Federal and Texas Fair Debt Collection Practices Act.