The agency has not bothered my niece but is sending debt collectors after my mother whose health is failing. What rights does my mother have? My niece is working and has never filed for bankrupcy.
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
Unfortunately, your mother is equally liable for the debt. You need to persuade the niece to honor her debt. Bankruptcy will not discharge the debt if this is a federal student loan.
The creditor has a responsibility to make all reasonable attempts to collect against the primary creditor.
Grandma does not need to pay until she is summoned into Court. At that time (if the loan is significant as (> a few thousand) she should then hire a lawyer who will likely argue the above.
Typical slimy bill collector activity--put the screws to Granny who will likely cave in due to stress, and if she dies, they'll go after her heirs hoping they will pay on a "guilt trip."
At a minimum, let them take her to Court and let the Judge tell her her specific responsibilities.
Much here depends upon who holds the loan, if a judgment has been obtained against nasty niece and if not, how much time has passed. If no judgment has been obtained and years have passed the debt may be non-actionable in Court.
Have granny can the telly, and get a cell phone. Or get a land-line in yours' or someone else's name so the trolls cannot torture her.
I'm not a lawyer, when in doubt hire a competent attorney, I have heard that there are a few good ones in each state. This is not advice, just sharing.
