I need advice badly. My ex had a savings account with our son. Ex went to jail and the account got overdrawn by over $400. Now debt collectors are coming after my son who is a minor child and has no income. I have informed the debt collector of this fact. Today’s mail had a fill in the blanks form threatening my son that if he doesn’t pay this debt it will be reported to credit agencies, affect cost of insurance, make it hard to find employment, etc.
My son has no job. He also has ADHD and is autistic impaired high functioning. He’s getting help so maybe in another year or two he might be ready for a part-time job but that doesn’t help now. And I can’t afford to pay the debt. I’m already trapped paying another debt of the ex’s because it comes from before our divorce. We have no spare money right now. Also my hours at work have been cut plus I now have to use the laundromat. Please don’t suggest a second job because that isn’t an option at this time. Not with being a single mom of three wonderful kids.
Is the bank in your area? Can you go have a sit-down with the bank manager (bring the child in question) and show them exactly what is going on? I think it is illegal to collect from minors, but don’t know the law that proves it… Either way – you don’t owe the debt. Your name was not on it.
Don’t worry about just letters …. remember these are the same brilliant people who send credit cards to dogs and dead people. There is no brain behind the collection letters. Make sure you have a budget and are feeding those kids first and foremost, ahead of any collection bills. And keep your head up – it will get better!!! Can you go to the bank and talk to someone there? If that doesn’t get you anywhere, I’d suggest a consultation with an attorney. Most do the first appointment free and they can tell you what you need to do to take care of it.
That can’t be legal. First off, children are never responsible for their parents’ debts. I honestly think they’re just trying to scare you into paying something you’re not responsible for… they sometimes use some pretty dirty tactics. I’d search around Dave Ramsey’s site to see if this issue has come up. I’m guessing it has–it can’t be that uncommon. Also, there might be something in the Fair Debt Collection Act so you could tell them they’re violating it.
They have no legal grounds to come after you and I can’t imagine an actual bank doing this, have they sent it to a collection agency? I would first recommend contacting a nearby branch of the bank and speak to the branch manager. Explain the situation and see if that does not clear it up.
If it does not and you have to deal with the collection agency, send them a certified label telling them that they cannot legally collect this debt from a minor and that you do not mind sharing their tactics with the State’s Attorney General, State’s Trade Commissions, and State’s Banking Regulators. Be sure to tell them “In Accordance with the Fair Debt Collection Practices Act” to stop contacting you. You must send it so that you have proof they signed for it. Then send all these agencies copies also.