Under the ';Fair Debt Collection Practices Act';:
Prohibited conduct
The Act prohibits certain types of ';abusive and deceptive'; conduct when attempting to collect debts, including the following:
contacting consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time
contacting consumers in any way (other than litigation) after receiving WRITTEN notice that said consumer wishes no further contact or refuses to pay the alleged debt (unless it is to say that collection efforts are being terminated or that the collector intends to file a lawsuit)
contacting consumers at their place of employment (after having been told verbally or in writing that this is not acceptable)
continuation of collection efforts after receiving WRITTEN request from consumer for validation of debt, unless/until validation is provided
misrepresenting the debt or using deception to collect the debt
publishing the consumers name or address on a ';bad debt'; list
adding extraneous ';fees'; or ';charges'; to the original balance (unless allowed by law)
threatening consumers with arrest or legal action that is not actually contemplated or even possible
using abusive or profane language in the course of communication related to the debt
revealing or discussing the nature of debts with third parties (other than the consumer's spouse or attorney)
reporting false information on a consumer's credit report or threatening to do so in the process of collection
filing lawsuits in places other than where the consumer lives or signed the contract
So, you can write them a letter refusing to pay and for them to quit calling. They can still send letters, but can no longer call.Can you send a cease and desist letter to a credit card company -or does this only work 4 collection agency's?
If you are worried about your mother why don't you just go ahead and pay her bill? It is going to cost you more to sue Sears, and you are still unlikely to get the court order. If she has a house, car, furnature, savings, stocks, anything, she has the means to pay her bill if she wants to.
But, honestly, her children should just take care of it for her.
You can write them a letter telling them that they are only to correspond with you via mail. There does not have to be any harrassment. Send it certified. Note the account number and pertinant information about the account.
Just let them know, that this is notification that they are to discontinue calling you on the phone and are only to correspond with you through the U.S. mail. It is your right under the ';Fair Debt Collection';. I recommend you google it and read up on your rights.
Good luck.
You can only try C%26amp;D if they are in violation of fair debit collection law, and it doesn't sound like they are.
Try calling the collections manager and working out some arrangement. Judgement proof is a myth; they can always file a judgement and tack on legal fees and in some cases interest; and in some states, they can attach income; or checking.
It will only work for collection agencies. The FDCPA does not apply to the original creditor.
No one is judgment proof. Garnishment proof? Probably.
She can either not pay the debt and ruin her credit for 7 yrs. and hope they don't sue or you can pay the debt for her.
Sears has in-house programs that can help get your mother back on track. (Be careful; write down who you talked to and when. I did this and it took over a year and many programs later to get them to correct my account.)
Sears (Citicard) is one of the worst creditors and could care less about your mother's mental stability.
Since your mother's health has declined and is unable to work, maybe she should apply for state assistance or social security disability. It might not be much, but every little bit helps.
She needs to call Sears credit and explain her situation if she has not done so already.
You can't fault Sears for trying to collect on a debt. Perhaps you could help her pay? If you are concerned about her stress level, that would help!
You are faced with filing bankruptcy otherwise (and paying the associated attorney fees and court costs).
She can send a letter informing them that she no longer wishes to be contacted by phone regarding this debt. Send it certified mail, return receipt requested. She can also send them whatever amount she can and just explain her situation. The best way to handle any creditor is with open and honest communication. If you or she feels that the creditor is behaving in a harrassing manner, then document this and attempt to get recordings of phone conversations. Do as much as you can by mail so that you have something on paper with postmarks and proof that the letter(s) have been received, etc.
Well, but she truly OWES it. You can't ask them to stop trying to collect a debt that is truly owed. Even if she's judgement proof, they can still try to collect. The thing to do, is change her telephone number, and let them collect via mail and the courtroom.
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