Expert: Barnette Law Offices, LLC - 12/14/2008

Question
the later part of 2006 my hubby opened an account with capitol one and became severly sick last year in february.  capitol one called concerning this debt i know over a dozen times but because i am his wife they would not give me the details on this account.  they waited from that time up until november 2008 when the account was turned over to a collection agency and the billed had more than doubled due to interests and late fees to contact ME about this bill. i explained to the collector that capitol one called last year more than a dozen times and i informed them that my husband had a stroke and that i was his wife and would like the information about the account but they refused to talk with me about the account they just hung up.  the collector wasnt interested in hearing what i said he simply wanted to  have me pay this debt.  well my hubby has not recovered fully and is no longer able to work so i am the only one working in this household making a mere $9 bucks an hour.  i explained what i could pay monthly $50 to clear up this debt but the guy on the other end kept insisting that it wasnt enough and the interest would keep going so he sent me over to another guy.  this guy basically said the same thing but finally ended up asking me for 111.00 dollars a month and would not offer a mailing address said i had to western union the money by the 28th of november 2008.  i told him  i would try and get the money however i was only able to send $60.00 and i got a letter a few days later with an actual mailing address on it.  im really scared and confused as to why they didnt share this information with me when i disclosed my hubbys condition so as not to accrue all these late charges and interests charges that i alone have to deal with on top of making rent payments,car note,utilities and a host of other bills.  am i bound to the payment since i agreed although i was pressured into it?  i need to know the laws that govern this type of collection.  i live in the state of indiana and would appreiciate any help you can give me concerning this matter.

Answer
Ms. Eva:

It is just typical strong-arm collection tactics.  You likely have a viable FDCPA violation claim but, you may also consider Bankruptcy given your families current condition presuming this isn't the only debt on the table.  If it is however, send the debt collector a request for validation and inform them that all communication in the future should be reduced to writing.

As for any "Agreement" between you and the collection agency, if there is one don't fear insofar as people breach agreements everyday as a matter of business.  Again, it looks like BK may be your best option.

Jason Wade Barnette
Barnette Law Offices, LLC
http://www.barnettelawoffices.com
615-585-3885