Collections Law/Credit Card Debt
We live in Staten Island, NY. I am writing on behalf of my mom, who is 85yrs old. She is being sued by Zwicker and Associates, for Discover Bank. She owes about $4000. She was unable to pay, due to medical issues. She had breast cancer. Her only source of income is Social Security and my fathers pension (my dad is deceased). She owns nothing. As a matter of fact, she lost whatever personal items she owned recently, due to Hurricane Sandy. We have written them many times stating that she is judgment proof, but they continue to call, and send notices. We just sent them a cease and desist letter. We seem to hear from them, about once a year. Now, this year they sent some paper work in reference to discovery and interrogations. We sent them a letter, explaining that we didn't know that this was or meant, and we were not going to answer and sign something we didn't understand. We also received a summons in the mail for a court date. My mom is not well and not able to attend. On the morning of the court date, they called asking for my mom, and not saying who they were. I found this very strange. The following week, they called again. My mom spoke to them and explained. At first they were very nice, and then they got nasty, so my mom hung up. Now she is receiving a notice thru the company from a judge that she needs to answer the discovery demands within 30 days. I don't know what to do. She has a checking account that has exempt funds directly deposited. She also has a savings account with about $1700 for funeral expenses. I don't understand why they would continue to sue an 85yr old woman in ill health who is judgment proof. We cannot afford to hire an attorney. Any help you can give us will be greatly appreciated.
First send them a CERTIFIED cease and desist letter telling them not to call. Tell them that any further contact will be considered harassment and will lead to an FDCPA lawsuit. Second, evidently have already violated the FDCPA by having a "judge" call. I can almost promise you that a judge would not be calling your mother. A collection agency can not do anything to decive a consumer. Please understand that I am not an attorney but considering some of the things mentioned in your question, you might want to "Google" FDCPA attornies in your area. They work on a contingency basis so you mother only pays if the case is won. If you cannot find an attorney try to contact Legal Aid. Under your mother's circumstances they should give her legal advice free of charge. Please feel free to contact me if you need further assistance and I wish you all the best with this situation.