Update to my post in "Lawyers Catetory" This should have been posted here!
Sometime the end of October 2006, my mom received a ltr from LBN informing her that she was in default of a debt and would be receiving documentation suing her if she did not respond within 15 days of receipt of that letter. My mom is 90 years old and had filed BK in 1999.
11/06/06 she sent them a letter stating she had no outstanding debts and could they please send her a copy of what they were attempting to collect. She also sent a copy of this letter to the District Court for Tulsa County.
LBN, upon receipt of her letter, called her and told her that it was for an outstanding credit card debt and they would send her copies of the documentation.
What she received (almost two months later) was a copy of the Judgment against her dated 12/29/06, filed 1/19/07.
The court docket also shows that she was personally served a summons on 11/05/06. She lives in an assisted care facility. She was not personally served. She may have received something in the mail, a letter perhaps, but there was no personal service upon her. She does not have that letter.
She had no idea what it was for and, therefor, did not respond.
She received another letter from LBN informing her they had received a Judgment against her entered on January 19, 2007 for the amount of $5443. On 2/27/07, my sister contacted LBN to attempt to find out what this amount represented. She spoke to Houston Molinar. Houston refused to cooperate with my sister, even after being informed that my sister has a Power of Attorney for all financial transactions for my 90 year old mother. My sister asked to speak to Mr Belcher, credit collections supervisor. Mr. Belcher refused to cooperate with my sister as well, informing my sister that he could not speak with my sister since 1) the 35 days had expired and 2) he could not speak to her without persmission from my mom (even after being informed of the Power of Attorney.
A few minutes later, my mom called Mr. Belcher who refused to take her phone call. She left him a voice mail. My sister called him back and he said he was unable to retrieve his voice mail but would take my sister's name and phone number and call her back.
3/6/07, my sister contacts LBN again. She leaves a message, no return call.
3/7/07, she contacts LBN again. Leaves a message, no return call.
In the interim, my sister has obtained a copy of my mom's BK records from California and ascertains that the debt is most likely a Midland Credit Card. She contact Midland. She speaks with Cynthia on 3/7/07, who requests a copy of the Power of Attorney. My sister immediately faxes this to her and Cynthia informs my sister that she will look into the matter and she can call back the next day.
She has also obtained a copy of my mom's credit report. There is no Midland Credit Management listed anywhere on my mom's credit report.
3/8/07 my sister contacts Midland and is informed that Cynthia has misinformed my sister, that since the debt has been 'turned over to a debt collection agency' they are no longer able to speak to anyone else about this debt and hang up on my sister.
There is no documentation on the debt. No one can tell us what this is for or if this is one of the credit cards that was written off during the BK or if it was one of the credit cards that was written off when her husband died 2 years ago.
On 8/27/07, my mom received another letter from LBN, informing her that they are 'considering post judgment enforcement which could include the filing of a garnishment and/or court hearing on your assests.'
It also states 'we have not been notified of a BK.'
Questions: If we cannot find out what credit card this is, how do we know if this was not one of the credit cards that was written of on her BK in 1999 or if is it one of her deceased husband's credit cards that was written off in 2003. Although LBN keeps insisting it is a debt from 1999.
Isn't the SOL 5 years? Hasn't it run?
She is 90 years old and does not know what she is doing, that's why my sister has PofA. Why won't they speak to my sister once they have the PofA in hand?
I have some legal experience as I was a paralegal for 15 years, but did domestic law so this is a little out of my realm, but law is law. This borders on harassment and the only assests my mom has is her monthly SS check. She has absolutely nothing. She lives in an assisted care facility and is in frail health.
She lives in Owasso, Tulsa County. My sister lives close by but I live in Idaho.
Any help would be appreciated. Thanks. This site has been a helpful.