14
May

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17
Apr

Mission Statement

Submitted by ssorleahcim_advocate on Tue, 04/17/2012 - 19:20

 

MISSION STATEMENT

Welcome to www.asktheadvocate.com - - - We're glad you stopped by. This site is designed to do several things. They are:

  • ​Provide advice to consumers who need it
  • Provide a way for consumers to discuss and comment on advice, thus helping us create the best advice possible
17
Apr

What to do when creditors call your place of employment looking for your son!

Submitted by ssorleahcim_advocate on Tue, 04/17/2012 - 06:00

 

Question

 
Dear Advocate:  I co-signed for a school loan for my son from Sallie Mae.  Every time he is late with a payment they call my job and my home everyday and leave messages for me until he pays it.  Do they have a legal right to call my job everyday?  What kinds of steps can I take to stop them, if any?
 
 

Answer

Thank you very much for writing. It sure sounds like you’re a good mother whose not only doing the right thing by helping her family, but just as importantly, has been put in a bad spot by her son and an ultra-difficult economy. For the record, for many families and friends this is a much too common problem -  people whom you cosigned for or with (or lent month to), fail to make payments and the problems side step them and fall in your lap.  
 
Before we get into the specifics of this letter, I want you to know that the assignment of debt and the concepts surrounding it are old and have firmly established legal, practical and definitional roots in Common Law (the legal concepts that America has in common with England).
 
According to Investopedia, the definition of the assignment of debt is: A transfer of debt, and all the rights and obligations associated with it, from a creditor to a third party. Debt assignment may occur with both individual debts and business debts. The company assigning the debt may choose to do so in order to improve its liquidity and/or to reduce its risk exposure.
 
According to the history of debt published on website www.IHateDebt.com, the American system of debt and debt collection was modeled after (to no one’s surprise), the British legal system. This led to the creation of some colorful laws. The first bankruptcy in English law occurred in 1543 and allowed for the imprisonment of debtors. Later English statutes in 1571, 1604, and 1623 allowed for punishment of those who aided bankruptcies. At the time, all who declared bankruptcy were presumed dishonest and fraudulent and could be forced to repay the debt or be hung. However imprisonment was far more common and occurred in England for over three hundred years (commonly called debtor’s prison). Although severe by modern standards, imprisonment for debt was not a British invention - the Greeks and Romans condemned debtors to slavery. As you can guess, the concepts associated with debt have a long history. If you would like a more in-depth history about the assignment of debt and related collection laws, the article I am quoting from is extremely interesting, helpful and LONG. It can be found by clicking here .
 
With that background in mind, I want to point out and comment on the issues that your letter raises, and then one by one, address them while providing you with some insight and suggestions that I hope will help you decide on your next course of action. They issues in your fact pattern are:
1)    Student Loans – payment responsibility and assignment of debt.
2)    Co-signing, assignment of debt and your credit – what’s the impact?
3)    Sallie Mae regulations – Who, what, when, where and how?
4)    Late payments and collections – What can they or can’t they do?
5)    Contact you at work  – legitimate or chicken&^%$#?
 
continued
10
Apr

My brother wants to know if psychotropic drugs are good or bad for you?

Submitted by ssorleahcim_advocate on Tue, 04/10/2012 - 11:13

 

Question:

My brother wants to know if psychotropic drugs are good or bad for you?

 

Answer:

Dear James;

Thanks for writing. I would like to start off by saying this: I am not a Dr. of any type, so actually answering this type of question is difficult on several levels – mentally, emotionally and spiritually, especially since I don’t know anyone’s medical history, what state you live in or what type of drug(s) are being asked about.

With those concepts in mind, let’s start off on the same page, with a couple of definitions of the term Psychotropic drugs. 

Continued

25
Mar

Family Law: Is My Husband Financially Abusing Me - If So, What Do I Do?

Submitted by ssorleahcim_advocate on Sun, 03/25/2012 - 12:30

 

Question

Dear Advocate; 

I need your help.

I am marry to my husband for 30 years already. My husband is hiding all the money he is making for the last six months. He is doing side jobs, so there is no way for me to know how much he makes. I asked him several times how much money we have and why is he hiding it from me? He does not response to my questions.  What can I do? I have consider divorce in the past due to adultery from my husband. 
Please give me a Christian and legal advice!

Respectfully,

Financially Abused

(Advocate's note: Please note that letter posted above was sent to me exactly as printed here -  nothing was changed or corrected)

 

 

Answer

Dear Financially Abused;

First, let me say that I am sorry to hear about the problems that you and your husband are having. It’s always sad to hear that two people who have been together so long are having marital difficulties. I wish you all the best and hope this is only a temporary problem.

Continued

 

14
Mar

Seniors, Assets, Estate Planning & Family Relations

Submitted by ssorleahcim_advocate on Wed, 03/14/2012 - 05:27

Question:

Dear Advocate:

My 90 year old dad can no longer live alone so my brother and sister-in-law are offering to live with him but are requesting compensation.  Since my dad is a veteran from WWII, the VA will give him an allotment to help with his living expenses if his assets are less than $35,000.  To get his assets to this level, my brother is asking siblings (4 total) to put our names on the house along with my dad and also put our names on his stocks.  Dad has a reverse mortgage right now so is this even possible or would mortgage have to be redone?  Is this legal or ethical to divide his assets in this manner to get his assets under $35,000?  What kind of liability does this put on each signer in the event one of us would get sued from a car accident or something?

Also, previous to this time, my sister has always paid his bills and been totally transparent in all this.  Now my brother wants total control of his finances since he no longer has a job since being laid off 2 years ago but does have a house payment.  My dad is mentally competent but really not able to handle his own finances.  I’m concerned about my brother taking advantage of my dad’s finances.  Any suggestions?

Answer:

 

Thank you very much for writing. I want you to know that this is both a complex situation, yet very common. Additionally, I would like to say that I have a variety of questions, and without the luxury of being able to ask them, my answer might be a tad off, or even considered incomplete – even so, it will clearly give you a way to proceed.

Let’s start by outlining the basic issue areas addressed in your letter (Not in order of presentation or importance):

  1. Senior Advocate – have you spoken to one? Is  there one handling his affairs or case?

 

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