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frankjc2k

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Debt collectors mailing my mother on a credit card discharged by my bankruptcy
I had a chapter 7 bankruptcy discharged since April 2008. Two of the cards included in the bankruptcy were consigned to me by my mother who never used them nor had the same address on the cards. She was not part of the bankruptcy. Now it's more than seven years later and she still gets contacted by mail every few months by a different collection agency about those same accounts (separately). One even filed a suit as part of a "robolawsuit" and I had a lawyer contact them and they never followed through on that occasion. My credit has since been restored. And she never responds to those mail contacts. How do I help her stop being contacted? When they used to contact me after the bankruptcy, I informed them of my case and they stopped. When they contacted her by phone I answered and informed them this was not her phone it was in my name and they aren't allowed to contact me because of the bankruptcy. But still she gets the mail contacts. Any suggestions?

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When someone cosigns a loan or credit card, the are actually guaranteeing that should the original creditor (you) not pay the card the cosigner (your Mom) would. That is why cosigning is a bad idea.

Now, I do suggest looking up the Statute of Limitations for Collections and find out what it is for where your Mom lives.  In most states, it's 6 years or less. That would meant that the collectors are legally unable to collect from her.  Some collection agencies think they can still try because many people do not understand their legal rights regarding debt collection. 

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If the debt is outside the statute of limitations in your state to be sued for the debt, have your mother send the debt collector(s) a Cease and Desist letter. Google "Cease and Desist letter to debt collectors" or something along those lines to find a template to use.

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