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mother in law and oc..................


devildog64504
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mother in law has a sears mastercard. She can not afford the payments and has stopped paying them. Only income she has is her social security which is only about $350 monthly. The OC is calling her 2 and 3 times daily.

Bottom line is she can not afford to pay this debt. We know it is wrong, but what is she to do not take her medicine? Quite a dilemma!! What in the world is sears sending a CC to someone with this type and amount of income in the first place!!

She has a checking account that her SSI goes directly to, all the money in the account is from SSI. So leagally they can not touch this.

How do we get the OC to quit calling her 2,3,4, and 5 times a day?

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You have the option to send them a Cease and Desist. However, their only other recourse to collect would be to sue. The next time they call, thell them that you are recording the call, if your in a state where this is legal, tell them to cease and desist in trying to contact you via telephone.

In addtion, send a Cease and Desist in writing. I would also note in that Cease and Desist that the CC holder is a senior citizen who lives of a a small amount of Social Security.

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The company probably has an autodailer. They do have the right to call but this is rude!!! You can search the forum to see what others have done in this case. When this happened to my parents, who are in the same situation, I changed their phone number. There is also the option of call block but the calls can come from different numbers and not all call block features handle out of state calls. Changing the phone number worked for my parents so that all communication was by mail. I personally am one of those people who believe that when my phone rings at my house...it's somebody "I" want to talk to!! ::idhitit::

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I just don't get it.

"...What in the world is sears sending a CC to someone with this type and amount of income in the first place..."

Should your MIL have been denied credit due to her income level? Many people in this income bracket use credit responsibly. Sears is one out of many creditors who do not deny based on income. They grant cards to many consumers based on score and history alone. This makes them an excellent place to apply for those with no credit history.

"...only income...about $350 monthly..."

Was she unaware of the amount of her income PRIOR to incurring the debt? There is no reason to hold a creditor responsible for her overextending herself. Just because a consumer has been granted credit doesn't mean they HAVE to use it, especially if they cannot afford to re-pay what they borrow.

"...How do we get the OC to quit calling her..."

The Fair Debt Collection Practices Act does not apply to OC's. I disagree that it's rude to call someone who owes you money to urge their payment.

Your MIL entered into a voluntary agreement with Sears to borrow money on credit and repay it according to the terms of their CC agreement. Her inability to pay does not alter that contract. They are following company policy and trying to obtain payment from a consumer who owes them money. This is ordinary, typical and totally reasonable.

Her options are the same as with any irritating phone calls: Don't answer the phone, screen all calls by using caller ID or change her phone #. She could also stop the calls by paying off the account.

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thanks thomass and timbercreek, your answers are very helpful!! Ahntara u sound like a debt collector!!

Not arguing that she should have considered all of this before using the card, just my opinion that sears is very irresponsible dealing out credit cards to elderly people (she was 82 when they sent her the card unsolicited) in this type of situation.8-)

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I know a lot of 82+ people with lots of $$$. It may not be in the form of a monthly income, but it's there. So Sears would not be wise not to extend credit just because someone is elderly.

Does your MIL have other assets such as a home? If so, probably the worst-case scenario is that your MIL simply does not pay the cc, Sears sues and wins a judgment, and they put a lien on your MIL's house. When it is eventually sold then Sears collects on its judgment from the proceeds. If she has no assets and Sears sues and wins, then there really is little they can do to enforce the judgment. She may be summoned into court post judgment so that they can determine exactly what her assets or income are.

This is just a suggestion, but if the debt is not a lot, perhaps your MIL's children could pool their $$$ to bail her out this one time so she can stop stressing about it. If they are assured of receiving a lump sum payment, Sears may even agree to reduce the balance owed. (It would also be a good idea for you to buy your MIL a caller i.d. device so that she can see who's calling. Lovely invention. She can then decide whether or not she wants to answer.)

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...just my opinion that sears is very irresponsible dealing out credit cards to elderly people (she was 82 when they sent her the card unsolicited) in this type of situation.

TITLE VII----EQUAL CREDIT OPPORTUNITY ACT

§ 701. Prohibited discrimination; reasons for adverse action

(a) It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction--

(1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract);

(2) because all or part of the applicant's income derives from any public assistance program

http://www.usdoj.gov/crt/housing/documents/ecoafulltext_5-1-06.htm

I think it best for MIL to change the phone to an unlisted number.

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