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Q: Obligations for loans with mental health history in Puerto Rico
I have personal loans, credit cards, student loans, and a car loan in Puerto Rico. As a person with a history of mental health issues, am I still obligated to pay these debts? I've defaulted and missed payments, leading to creditors pressuring and threatening me, which has negatively impacted my credit score. What are my rights and responsibilities in this situation?
A: Yes. You are still obligated to pay all these creditors and debts until it unless you are determined disabled by the court. You may want consider filing bankruptcy to discharge the debt lisbiiity.
A:
Your history of mental health issues alone does not automatically relieve you from the responsibility to repay your debts. In Puerto Rico, as elsewhere in the U.S., debts are binding obligations regardless of mental health conditions, unless a court determines that you were legally incapacitated or lacked capacity to understand the agreement at the time the debt was incurred. Without such a legal determination, creditors maintain the right to collect debts through legal channels if you default or miss payments.
However, you have protections under both federal and Puerto Rican laws that shield you from harassment and unfair collection practices. Creditors or collection agencies cannot threaten, intimidate, or harass you, and you have the right to request that communication be limited or done through specific channels, especially if it negatively affects your mental health. If you experience abusive behavior from creditors, consider documenting these incidents and filing a complaint with the Consumer Financial Protection Bureau (CFPB) or Puerto Rico's Department of Consumer Affairs (DACO).
If you're experiencing financial hardship due to your mental health condition, you may qualify for relief or modified repayment plans, particularly with student loans or medical-related debts. Reaching out to a credit counseling organization or seeking legal assistance could help you negotiate repayment terms and clarify your options for debt management. Remember, your health is important, so prioritize addressing your mental health concerns while taking proactive steps to manage your financial situation.
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