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  1. #1
    Join Date
    Nov 2011
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    Los Angeles
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    Default Collection Agency Going After Wrong Person

    My question involves collection proceedings in the State of: CA

    My grandfather died many years ago. When he died my mother cancelled all his subscrictions. 2-3 years ago my mother received a phone call from a collection agency saying that my grandfather owed money for his subscription to the Yellow Pages. She told them that A) he is dead and B) it was cancelled.

    Fast forward to today. Agency (not sure if it is the same one) calls here and says SHE still owes money for this debt. They tell her that they have her recorded saying that SHE was a partner to his business (where the subscription was tied to) and that she must pay the debt or they are going to attack her credit. My mother was never a partner to the business, she never even worked for it (it was a general contractor/engineering business and she is a real estate agent!).

    Questions:

    1) Can she be held liable for the debts of her father?

    2) If she does nothing, can they attack her credit without a court judgment?

    3) What would be an appropriate response to the agency to get them to stop bothering her?

    Thank you.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Collection Agency Going After Wrong Person

    They either have her on tape describing herself as a partner or they don't. If they don't and she wasn't a partner, then they would have no basis to seek the money from her either on the basis that she was a partner or their reliance upon a claim that she was the aprtner.

    I am not going to speculate about whether or not they might try to report the debt on her credit.

    If you don't want a collection agency to contact you, you instruct them to stop.

  3. #3
    Join Date
    Nov 2011
    Location
    Los Angeles
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    48

    Default Re: Collection Agency Going After Wrong Person

    Thank you for the response. I wasn't asking for speculation; I was just unsure of the process. Do they need a court judgment saying their is a debt to go after her credit, or can they simply do so based upon their word.

  4. #4
    Join Date
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    Default Re: Collection Agency Going After Wrong Person

    As long as it's a third party collection agency (not in-house) you can send them a letter.

  5. #5
    Join Date
    Nov 2011
    Location
    Los Angeles
    Posts
    48

    Default Re: Collection Agency Going After Wrong Person

    Thank you for the link. I forgot the site has resources besides the forums.

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