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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My mom is being charged for a phone that QLT Leasing says she

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My mom is being charged for a phone that QLT Leasing says she leased from 1984 to 2004 in New York. She moved to Florida in 2005 and they tracked her down and she has been paying $13.64 every month which amounts to Approximately $800.00 over the years. They say she can return the phones. One problem. She left them in the house that was sold. also, I believe the bills were in my dad's name who is now deceased. They won't even let you buy back the phone. Any advise?

Angela
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your mother's situation. One clarification, please. When you state "charged," do you mean that she was sued, i.e. served with a summons?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


She gets a bill every month. That is what I mean by charged.

Expert:  Ely replied 1 year ago.
Oh, I see, thank you.

Can you please tell me:

1) When did your father pass,
2) Was there probate ever filed on his estate, and
3) Are the bills still in his name, or are they in her name now?
Customer: replied 1 year ago.


Dad passed in January of 2007. No probates of his estate. The bills are in HER name.

Expert:  Ely replied 1 year ago.
Thank you.

One last question. Approximately how much are the phones worth?
Customer: replied 1 year ago.


They were old. One was a rotary in the bedroom and the other was a push button in the kitchen. My guess $40.00? Just a guess.

Expert:  Ely replied 1 year ago.
A,

Thank you.

If the bills are in her name, and she has been paying it voluntarily, then they can argue that she has taken over the account, formally or informally.

However, there is a number of reasons why they are unlikely to make a "fuss" about this:

1) The contract was initially in his name. This makes the matter more murky in that they'd have to possibly pursue the estate, and not her;

AND

2) The telephones are worth $40 if that. Filing litigation is hundreds of dollars without counsel, thousands with. It is simply not worth the pursuit here.

Thus, at a time when they demand back the telephone, I have a feeling that if your mother tells them that they have been lost BUT offers them $40 or whatever a reasonable amount is, they will likely TAKE it, because really, pursuing someone over such a minor matter cross-state is simply not worth their time.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Consumer Protection Law Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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