Legal Question in Credit and Debt Law in Texas
Do I still owe the debt?
I am asking this question for my 75 yr. old mother. Approx. three years ago she purchased some furniture for one of her grandchildren. The grandchild was to make the payments, which she did, until she lost her job after making payments continuously for over two years. After she lost her job she made the payments sporadically. The original debtor turned the account over to a collection agency and thats when the trouble began. They continuously call her and insult and harass her. Telling things like a woman her age should be ashamed of herself for not paying her debts, and other like things. They have also threatened to garnish her retiremet check. She has offered to make small payments that she can afford on her fixed income but they told her they would not accept a small payment because she would probobly die before she ever finished paying them. So they continue to call and threaten. She says she remembers a law that if a debtor sent in a payment and they refuse to accept that payment that the debt was cancelled. Is this correct?
1 Answer from Attorneys
Re: Do I still owe the debt?
Your mother incurred the debt, and she's stuck with it. As a matter of law, the only payment a creditor is obligated to accept is the full amount due. That "small payment refused, debt canceled" is an urban myth. It never was, and never will be.
She should write to the collection agency, certified mail, return receipt requested, stating that all further contact is to be in writing only and not to call. That should stop the harassment.
Then kick the granddaughter in the butt and tell her to take care of her grandmother, or give up the furniture.
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