Legal Question in Credit and Debt Law in Texas

A NURSING HOME IS FORCING US TO PAY FOR OUR DECEASED FATHERS DEBT OF $17,000 BECAUSE WHEN THEY FILLED OUT THE PAPERS THEY TOLD MY SISTER THAT SHE WAS THEIR CONTACT FOR ALLHIS NEEDS AND SHE SIGNED, BUT IN REALITY WHAT SHE SIGNED THAT SHE WOULD BE RESPONSIBLE. THE PROBLEM IS THAT WE HAVE BEEN CHIPPING IN TO PAY THIS DEBT AND HAVE PAID IT DOWN TO $5,000. WE ARE ALL IN OUR LATE 60'S AND BECAUSE OF THE ECONOMY AND NO JOB AND BAD HEALTH WE CAN ONLY AFFORD TO PAY $20/MO AND AN ATTORNEY HAS CONTACED MY SISTER WITH THREATS THAT THE NURSING HOME PEOPLE WANT US PAY MORE A MONTH OR ELSE, SHE WILL BE SUED,ETC!!!!! MY SISTER IS TERRIFIED AND WE ARE ALL VERY ANGRY BECAUSE WE ARE PAY WHAT WE CAN AFFORD! HELP....CAN THEY DO THIS? I THOUGHT THAT AS LONG AS WE ARE MAKING AN EFFORT, I WOULD BE OK AND WE HAVE PAID IT DOWN FROM $17,000 to $5.000


Asked on 8/11/09, 11:03 pm

1 Answer from Attorneys
TC Langford Langford Law Office

IF they have an enforceable contract against your sister, and she breaches it, then they can sue her. Then they would have to satisfy the judge that the contract is enforceable, and she is liable. If they got a judgment, they would have to find non-exempt assets to execute against.

Your sister should send them a letter, certified mail, asking for a copy of the documents which establish her liability for the debt.

If it is a valid debt, then I suggest she pay them what she can. It's all she can do.

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Answered on 8/12/09, 11:19 am


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