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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10236
Experience:  I am a civil litigation attorney representing individuals and businesses.
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HOW CAN A C L U HELP ME I NEED A PHONE NO. IN WILMINGTON N

Customer Question

HOW CAN A C L U HELP ME I NEED A PHONE NO. IN WILMINGTON N C 28412 my wife leased a FORD FOCUS in oct.2014 @$183.00 per month. On Dec. 21 st 2015 she fell and broke both arms she was at CAPE FEAR ORTHOP. HOSP until Dec. 31 st they took her by ambul. to TRINITY GROVE NURSING AND REHAB HERE IN WILM. NC she was there untik the middle of MARCH 2016 THEY COULD'NT DO ANYTHING MORE FOR HER SO THEY SEND HER HOME l AMHER HUSBAND. she is 74 AND I am 82 I do everything Ican for her our children are far away she is almost an invalid the only way she can go anywhere is I have to push her with her wheel chair . her right arm just hangs there she has very limited use of her left arm I have to cut her food she uses her fingers I have to bathe her and yes I have to wipe her obviously she CANOT DRIVE ANY LONGER WE TALK TO FORD CREDIT THEY ADVISED ME TO STOP PAYMENT ON HER MONTHLY NOTE AND TO TAKE THE CAR BACK TO THE DEALERSHIP WHICH I DID WHILE SHE WAS STILL IN THE NURSING HOME SHE GETS $508 PER MONTH FROM SOC SECURITY PERIOD THAT IS HER ONLY INCOME THE CAR WAS IN HER NAME SHE SINGED THE LEASE PAPERS THERE WAS STILL 18 MONTHS TO GO ON THE LEASE FORD CREDIT HAS BEEN SENDIND HER STATEMENTS THAT SHE OWES $3500.00ON THE CAR ITALKED TO THEM AND EXPLAIN EVERYTHING THAT SHE WILL NOT DRIVEAGAIN AND WHAT GOOD IS THE CAR TO HER NOW BUT THEY KEEP SENDING HER LETTERS AND ARE NASTY NOW AND THETENING HER ABOUT A COLLECTION AGENCY AND A LAWEAR ETC ETC THIS IS ALMOST LIKE A HARRASEMENT NOW....CAN THE CIVIL LIBERTIES UNION HELP HER HOW CAN WE GIGHT A BIG CORP. LIKE FORD WE NEED HELP PLEASE TELL US WHAT TO DO PLEASE....
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 6 months ago.
Dear Customer,I am very sorry to learn about this situation.While I do not believe that the ACLU is going to be the appropriate resource for you in this, I do think that you can deal with this matter rather quickly and easily.The Fair Debt Collections Act (https://www.consumer.ftc.gov/articles/0149-debt-collection) has a provision in it that allows debtors to write a letter to the creditor stating that they do not want any further contact from the creditor. Once the creditor receives this "no contact letter" they cannot contact you again unless and until they actually sue the debtor in court. (If the debt is $3,500.00 and your wife's income is social security (which is exempt from collections), it is highly unlikely that they are going to do this).You can find sample letters here: https://www.consumeraffairs.com/forms/cease_contact.html (the letter should come from your wife as she is the debtor (even if you have to assist her, it is going to be best if she is the one that is "signing it"))If the creditor for some reason does decide to actually sue your wife to enforce the debt, contact the attorney that represents the creditor and see if they will be willing to enter into a stipulated settlement (you will pay if you come into unexpected income) or some other form of agreement - your wife's social security is exempt from collection, and unless things change, you are not going to have any money to pay them that they can actually collect on.

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