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Help with a limited power of attorney?
Asked this question once already and didn't get any answers that were worth having... Please, read the WHOLE question and know what you are talking about or at least do some research before you answer a question here, people are asking because they want help, not opinions. This question isn't about how to get them to stop collections, it is about how to have a limited power of attorney phrased so that I may represent her interest as well as mine in financial matters dealing with joint credit accounts
My mother and I have a joint credit card account that is long past the statute of limitations for both being sued and for reporting and she is being harassed by collectors still. I already have all the information I need to dispute the debt, ask for validation and send a cease and desist, what I don't have is a power of attorney to represent her and make the collection agency deal with me only. I want to handle this for her and she is more than willing to give me limited power of attorney so that I can do so. Can anyone tell me how it should be phrased? I live in Texas and she lives in Michigan.
Thanks!
@Tskelton - thanks, but I already have the legal aspect of the SOL handled... I literally have written a book on the FCRA and FDCPA which you might want to read... since your your statement about the statute of limitations is wrong.
The 7-year period shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.
This means that the SOL is not affected by ANYTHING except the original date of default. If you want to be helpful, please know what you are talking about!
If what you are saying were true, then there would be no point in even having an SOL, they would just go on forever.
3 Answers
- wizjpLv 71 decade agoFavourite answer
A verly limited "agent in debt" POA should be drawn up by a lawyer where she lives and filed by you in the county where you plan to act.
- tskelton155Lv 51 decade ago
A collection company will buy your existing account and take over the collections. The original company will realize they are not getting anywhere and that any time restrictions, etc. are about to expire. In selling the account the law allows that the time restrictions be rescinded and the time starts over again. In this way the account can be sold several times and companies get around the "statute of limitations".
As to your wording of the LPA- tskelton@hotmail.com
- TiLv 71 decade ago
This is simple. All you need is a cease and desist stating that the debt is past statute.
Make two copies of the letter, one from you and the other from your mother. Type your names, don't sign the letters. Unscrupolus collection agencies have been known to copy signatures.
Send each letter by certified mail. Keep copies for your record.
