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Debt collection letters and calls being sent to me but are my son's debt.

Leonia, NJ |

My son has a medical condition, he has epilepsy and cannot keep a steady job, my son is 39 years of age under medical care, he has my same name.

Attorney Answers 3


You can tell the Debt collectors the truth that they are not your bills. They should have a way of determining that you are female and your son is male. If your son has a medical condition and is unable to work steadily, he might want to think about bankruptcy. You should consult with a bankruptcy professional.

The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. If you have found this information helpful, kindly check the "helpful" box.

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I agree with my colleague.

To put a finer point on it, I recommend that any of your communications with your son's bill collector be in writing to eliminate possible misunderstanding and create a paper trail.

Dispute the debt by stating clearly the full facts and circumstances. In your letter demonstrate that the debt is not yours and any further calls or communications to you will be considered harassment under the federal Fair Debt Collections Practices Act. You might also mention that you are prepared to refer future FDCPA violations to a consumer collections attorney.

I hope your son gets the care he needs for his condition. Good luck to you in getting this legal problem sorted out.

This answer is provided for information purposes only. It should not be relied upon as legal advice which can only be offered to clients in an office consultation setting when all the facts and circumstances can be fully considered and reviewed.

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Did you co-sign a loan or credit card application with your son? Are you his guardian or the trustee of a trust for his benefit? In short, is there any possible basis for the creditors thinking you are responsible for your adult son's debts?

If the answer is "No," then the fact that you have the same name may be the reason you are getting letters from his creditors. Send each one who is dunning you a notice to cease, informing them that they are contacting the wrong person and not the party to whom such correspondence should be sent.

Each notice should be sent by Certified Mail/Return Receipt. Be sure and keep a copy of each letter, with the CM slip and green return card stapled to it as a record.

If you still receive demand letters, you may wish to retain counsel. The Bergen County and NJ bar associations can assist you with referrals.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

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