bankruptcy california laws
Bill collection Question??? 10 Points best answer !!!?
My Hubbys grandparents are both in a nursing home in California and are unable to pay their credit card bills and other bills, what they had left of social security and pensions went to the state of california and they only recieve 30 dollars per month for supplies like paper and pencils and stuff like that from the nursing home, They no longer have a home or a phone so the creditors are calling our house, there is no power of attorney on either one of them, so what is the options or laws about this kind of situation i can only think of bankruptcy and others?? Please help!! 10 points best answer
SSI – SSDI cannot be garnished for credit card debt. If they have no real assets and SSI is the sole source of income, then his grandparents are “judgement proof.” If their creditors took them to court and won a judgement…such a judgement would not have any power as their SSI cannot be touched. Because of this they don’t have to file for bankruptcy.
To stop the collection calls: Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This is not my debt. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations
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Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.
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