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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100007
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Mother is 94 years old, blind, is -polar,suffers and suffers

Customer Question

mother is 94 years old, blind, is bi-polar,suffers and suffers from other mental issues. At the age of 88 she became ill so i brought her to live with me. Mother has always paid her bills on time and has had medicaid and medicare as she worked in this country since 1957. on or about the 21 of October 2016 a company by the name of Walker and Sons has been calling me asking for mother,however would not disclose any information until I faxed over a power of attorney. This company claims that mother o***** ***** Memorial Hospital the amount of 800 dollars since 2005. I find this hard to believe as mother has had as stated above Medicaid (full coverage) and medicare. I do not know what to do.. I want to know the reason why I must pay without any proof.. this company secretary or paralegal by the name of Stepanie is stating that they will garnish mothers Retirement Check. Is this possible? I am not refusing to pay, however Jackson has no records of mother in the year 2005. Their phone number is *****
Submitted: 1 month ago.
Category: Family Law
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

1) NO, it is not possible to garnish a pension in Florida by a private creditor. See Florida Statute 222.21(2).

2) What she is claiming is not only impossible, but her claim on this is illegal under the Fair Debt Collection Practices Act, which disallows making false claims while collecting. See HERE (Threatening arrest or legal action that is either not permitted or not actually contemplated).

3) The statute of limitations on debt in FL is 5 years at the most. So they cannot sue even if they wanted to.

Someone in your situation wants to send them a letter threatening a lawsuit unless they cease and desist. See example of such a letter below.

To Whom It May Concern:

re: (name, account #, etc)

I have been receiving debt collection attempts from your company for the debt allegedly owed by me from (describe nature of debt). This debt is not valid, and even if it was, it is out of statute of limitations to be litigated. In addition, your agents have been threatening to garnish pension, which is impossible in Flordida and thus, this threat is a violation of FDCPA 15 U.S.C. § 1692e.

Despite me requesting so, your debt collection efforts have continued. Demand is hereby made that you cease and desist - now.

If you continue on, then I will have no choice but to seek redress under the Fair Debt Collection Practices Act for the following violations:

15 U.S.C. § 1692f(1) (seeking unjustified amount)
15 U.S.C. § 1692e (threatening legal action without cause)
15 U.S.C. § 1692e(8) (threatening or publishing false debt on my credit history)

Every violation is $1,000 per incident, plus legal fees.

I now consider this matter concluded. Should you contact me again, I will seek counsel to file an FDCPA claim in federal court.

Yours,

Signature

Name

This normally should get them to leave her alone.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) 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 with a positive rating.

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