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Mother is 94 years old, blind, is -polar,suffers and suffers

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mother is 94 years old...
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 year ago.Category: Family Law
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Answered in 6 minutes by:
10/27/2016
Family Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,919
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

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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Ely
Ely, Counselor at Law
Category: Family Law
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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