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zurc137 | What should my cousin tell the collection agency? |
My cousins mom passed away about two years ago, her estate didn't even cover all of the funeral and burial expenses. Now some company DCM Services, specializing in deceased collections wants the daughter to cover an old credit card debt the mother owed. I got to say that the president of this company must have an ironclad reservation in hell. |
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Missy
|
She simply just says "This was my mother's debt and she has passed away. I do not wish to pay this debt. Please stop calling me." |
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Reena
 |
He will also have an ironclad reservation in jail soon.
Your cousin is not responsible for her deceased mothers debts.
If the estate didn't cover the credit card debt then the credit card company has to write it off as a loss.
This guy bought the debt that the credit card company wrote off and is now desperately trying to convince your cousin that she is responsible for it. She is Not. Next time he calls she needs to tell him that she is aware of the laws and that she knows that she is not responsible for the deceased mother's debts. Then she needs to ask him to immediately stop any phone calls and any and all further communication has to be done by mail which she will happily forward to her attorney...
That... ought to get him off the phone really quick.
Please have her look up the following on the Internet:
Fair Debt Collection Practices Act.
Print it out... you will find the passage that explains that children do not inherit their deceased parents debt. |
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Steve
 |
As far as I know, unless you cosigned the credit card you cannot be held liable. If you inherited a sum of money however, the collection agency may try to take it. I doubt they have legal grounds to do so. I would consult a lawyer (many lawyers have a free no-obligation consultation), and possibly file a harassment charge against the company. Be careful - this could be legit but could also be a scam. I bet that the company would have filed legal action against you already if they had the ability to do so (which I highly doubt).
I do believe that there is a special circle of hell for people of this caliber. |
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Classy Granny
 |
No one is responsible for the debt of a deceased. If the estate didn't cover everything, the debt just doesn't get paid. The daughter can not be held responsible for her mothers debt. She can have anyone trying to sued for harassment |
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bdancer222
 |
Send the collector a certified, return receipt letter telling them to cease and desist all contact. Indicate that Mom died two years ago and her estate didn't have enough assets to cover furneral expenses. Attach a photocopy of the death certificate.
Don't talk to them on the phone at all. Just hang up if they call again. |
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Venetian Poker
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Tell them what you told us: the estate did not have any assets after paying for funeral and burial. Send it in a certified letter. Copy your state's attorney general.
I know this all sounds harsh, but these things are done in volume. No one is out to "get" your cousin. They just need to be sure that your cousin's mom didn't leave your cousin or anyone else a big pile of money without first settling the debts of the deceased.
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redhairedmama75
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When my father died all kinds of bills appeared out of the woodwork. I simply wrote (on the unopened envelope) "deceased no resources" and sent it back. Never heard from them again. |
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billcollectour
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All she has to do is send in proof that the Estate is settled and closed.
You cousin has no legal obligation to pay the debt.
She needs to send a cease and desist letter to the collector. Send it certified and return receipt.
WWW.BUDHIBS.COM |
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Ted
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Tell them to stop calling and get their address and send them a letter to stop contacting her. This isn't her debt unless she cosigned the card. There is no right to make a claim against an estate after a bar date set by the probate judge, usually 6 months after filing with the court. |
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Kate
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From my understanding when my father died my mother only had to pay on the ones where they were joint. The others in his name only she sent them a copy of the death certificate and never heard from them after that. |
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mw
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I agree with the other answers. Also when they call again have her tell them to Cease and Desist all calls. Write down the day and time she request this and if they call again they are in violation of FDCPA. |
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