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Re: Collection Agency Harrassment of Elderly on Disability
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Posted by Keyser Soze
(64.12.96.205) on February 28, 2003 at 11:34:33:
Dear Patience - There is a special place reserved in the Gehenna for the slimbags who work in the collection industry, your letter gives ample demonstration as to why.
One - these people are skating on thin ice and they know it, the are hoping you don't notice. This is typical. They count on debtor's unawareness of their rights and protections and corresponding fear of the legal system to work as leverage for them in their sleazy little business.
No one can be forced to sell their home in Florida, Period. I'll say it again: No one can be forced to sell their home in Florida for any reason, Period. That was Lie #1 they told.
Florida as with Texas, Kansas, and a few other states by its constitution, not law, protects your home from attatchment in court proceedings. You must reside in that home, it cannot be a winter vacation home for one who resides in another state. If you reside in Florida and you are Domiciled so as to benefit from the $25,000 Tax break, your home is protected from these rotten thugs and their vicious lying faetorous mouths.
The courts in Florida have held that even in cases in which someone gains money in a stock swindle, for example, and buys a home with that money, the home cannot be touched.
The only exceptions are if the home has a mortgage and you stop paying the mortgage. It sounds as if the home is owned outright and perhpas these insects would like to coerce your relative into taking a mortgage on the home to pay some worthless credit card debt.
Then they have you. They change the terms of the mortgage after a few payments, declare you in default, and take the home. See, aren't they clever? Just like outhouse flies, very clever after they bite, just prior to getting their heads smashed.
Don't say another word to these criminals, hang up on them. Log every call they make and yes, tape them. Never mind the stupid Florida law about taping. The Federal Trade Commission would love to hear the tapes, and they trump podunk state rules and the hick judges who enforce them - usually in the banker's favor.
Call the FEderal Trade Commission immediately and tell them what has happened, that you want to file FDCPA complaints among others.
But tell them first and foremost that this person is DISABLED. Now you are in a whole new arena and the vile little cowards who are trying to steal this person's assets have by their callous dismissal of the disabled have placed their claws in the outhouse basement.
Florida has statutes which may well apply to exploitation of the disabled. Exploitation of the elderly is indeed a very serious crime in Florida, with jail time. Your relative is disabled, that on top of elderly means big trouble - for the collection agency and the original creditor.
These scum have no business obtaining your credit report, let alone reading it over the phone. Why do they do it? Because people let them get away with it. Report it in writing to the Federal Trade COmmission.
Their using a credit report as proof of ability to pay is a meaningless trick played on your relative, and they know it. They just hope they don't get called to task for it.
Social Security payments in the State of Florida are EXEMPT from collection, judgements, garnishments, PERIOD. And these spider mites know that too. They want to frighten and trick you into giving over voluntarily that which they could never take under the law.
Send a Cease & Desist letter - sample on WhyChat's Website - right away. This is to get them to stop calling. If they call, good. Tape and log the calls - the FTC needs to know. Also the Florida Banking Commission - they regulate this in Florida.
Liable for three times the debt? Oh really? Another fine example of credit card companies and their lickspittle Collection Agencies, making up the rules as the go along, generally what psychopaths do. This is pure B.S. - another scare tactic.
And remember - it's not nice to scare the Elderly or the Disabled, especially when they are one and the same person. Florida Law addresses coercion of the elderly to gain money.
You've generously paid these scumbuckets 25%. Pay not one penny more. Let them threaten litigation. They've stepped in enough explosive cow pies already, these banker's stoop lackeys will have a real nice bouquet about them when they go in front of a judge. Their ill-fitting suits and greaszy hair always gives them away also.
Please do us all a favor and identify the Original Creditor and the Collection Agency by name. Many of us are familiar with these habitual offenders, and in some cases class action suits are being filed against them.
Please also get in touch with Legal Aid, free legal services might be available. Also, call Social Security and tell them what has happened.
Very Important, report all of this, every bit of what has happened to this dear sweet person, to the treating physicians. Every bit of it. The distress caused by these thieves may well be actionable in the future. These sleazebags are playing with an elderly disabled person's life, and for what? A couple of sheckles? Tell the doctors about the actions of these robbers, their threats, how they frightened your relative into selling their home, etc. Tell them about the resulting distress, the erosion of health and detrimental effects upon treatment. Tell everyone, but tell the doctor first.
Apologize for long post, this issue is near and dear.
Keyser Soze
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