Legal Corner

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BigBuffStud 60 Reviews 585 reads
posted

Power of Attorney? Power of Attorney's (POA's) are typically specific to one particular circumstance. I've not heard of a General POA. You wouldn't need a POA for paying bills. In terms of handling her situations with each creditor, you would have to mail or fax the POA to each and every individual creditor in order to speak with them.  
This is either BS or like the other poster stated - a white knight in over your head. If this is the case, bail on the girl. If she's in jail for 1-3 years, most collectors would have given up by the time she's out. No creditor is give a crap if she's in the clink.

and she has no money and wont be out any time soon. looking at 1-3 years. her mail is being forwarded to me and I have power of attorney for her.

she is getting a lot of mail about her past due bills. should I write letters explaining the situation or just ignore them?

Depending on the creditor (whether it's secured or unsecured debt)... IOW if she will lose her house, or car etc. (secured) or just credit cards (unsecured) there are difficult consequences ahead.  

Option 1: ignore

Option 2: consider bankruptcy

Letters might hold off creditors momentarily but if assets are involved (real property or debit cards attached to bank accounts) then it can get real serious real quickly (& haunt her for life!)

Can she afford an attorney? A local bankruptcy attorney may offer the initial consultation gratis, but the advice & knowledge he or she can offer is priceless.

What does she want to do? Then act accordingly on her behalf...

xxx
Jinn

Zangari761 reads

Posted By: erik_reilly
my friend is in jail and she has no money and wont be out any time soon. looking at 1-3 years. her mail is being forwarded to me and I have power of attorney for her. she is getting a lot of mail about her past due bills. should I write letters explaining the situation or just ignore them?
 Go ahead & write to those bill collectors.  They will start hounding you.  You sound rather proud that this hooker has given you "power of attorney".  So what law school did you go to?  She needs a real lawyer.  And you need to extricate yourself from this mess.  She doesn't love you, guy.  OMG.  --z

Creditors will foreclose or repossess any assets they hold a security interest and the unsecured creditors may file a lawsuit and obtain a judgment against her. Bankruptcy is her best bet but if she does have asset to preserve then who is going to maintain them while she is in jail. Depending on her charges a good attorney may get some charges dismissed. I am not keen on visiting people in jail so I would extricate myself from this situation as she may be looking for you to take care of her affairs while in prison.

Power of Attorney? Power of Attorney's (POA's) are typically specific to one particular circumstance. I've not heard of a General POA. You wouldn't need a POA for paying bills. In terms of handling her situations with each creditor, you would have to mail or fax the POA to each and every individual creditor in order to speak with them.  
This is either BS or like the other poster stated - a white knight in over your head. If this is the case, bail on the girl. If she's in jail for 1-3 years, most collectors would have given up by the time she's out. No creditor is give a crap if she's in the clink.

involved.  And what is she to you?  She has no money.  Does she have any assets worth saving?  Who's going to pay the carrying costs while she's gone.  Mind you, the only way to save them is for you to put YOUR MONEY out there...  and she can say THANKS & walk away...  leaving you holding the bag.  You do not want to make her bills your own.    
I note you say she is "Looking at" 1-3 years so I presume she's not been sentenced yet.  So she might get the lesser amount if she has a clean record & decent representation.  As a friend, if you really want to help her, getting her good representation is likely a better investment.  But make no mistake, it'll likely be on you.  
I think that letting them repo any asests is wise.  There are worse things than being broke & that is starting out in the hole... owing money before she even hits the streets again.  I'm not qualified in the bankruptcy area...  It's pretty common for a person to file as soon as they are released...  difficult to do if she can't make court appearances.  It is more difficult to do from prison.  
Perhaps a legal aid organization could find an attorney to file ProBono of her behalf in the location of her previous residence.

You are supposed to do things on behalf of your friend, which are in your friend's best interests.  But since she has no money, you can't pay her bills for her anyway.  So just save her mail, and then give it all to her when she gets out of prison.  She can do whatever she wants with her own bills at that time.  You are under no obligation to talk to creditors, in fact, I would suggest you don't tell them that you have a general power of attorney, or else they will start hounding you for money instead of her.

Posted By: erik_reilly
and she has no money and wont be out any time soon. looking at 1-3 years. her mail is being forwarded to me and I have power of attorney for her.  
   
 she is getting a lot of mail about her past due bills. should I write letters explaining the situation or just ignore them?

Write her and ask what she wants.

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