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Bill collectors target debts of the dead

Posted Mar 04 2009, 06:18 PM by Karen Datko
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Here's a new trend we can do without: Having trouble collecting bad debts from the living, bill-collection agencies are increasingly going after the debt of those who no longer share our space.

It appears to be working, says a story in The New York Times. Relatives of the deceased are scraping together payments -- when they are under no obligation to pay.

The story says: "The law varies from state to state, but generally survivors are not required to pay a dead relative's bills from their own assets. In theory, however, collection agencies could go after any property inherited from the deceased."

MSN Money's Liz Pulliam Weston shines more light on the matter in an article called "When your parents die broke."

She writes that "children aren't on the hook for their parents' unsecured debts -- credit cards, personal loans, medical bills -- unless they had agreed to take on the responsibility" by co-signing a loan or being a joint account holder (as opposed to an authorized user) of a credit card. (The rules are different for debt that's secured by a house or a car.)

Generally, the deceased's debts may be paid if they left an estate that goes through probate. If they die penniless, that's that.

Not renowned for their charitable attitude, bill collectors are getting special training to talk to mourning relatives, who likely aren't expecting such calls. One firm, DCM Services of Minneapolis, calls it "empathic active listening." Another company will offer to transfer family members to a grief counselor if the call doesn't go over so well, the NYT story says.

The process is producing success -- most likely because of survivors' sense of duty to put a family member's obligations to rest.

We prefer this man's reaction. The NYT story says:

Eric Frenchman, an online consultant, said a DCM agent inquired about his late father's $50 Discover card balance before the bill was even due. Since Mr. Frenchman had been planning to pay it anyway, he emerged from the experience vowing never to get a Discover card himself.

Or, as Liz suggests, just hang up.

Feel free to sound off below or at a Your Money message board thread called "Readers talk: My mom passed away. Do we need to pay her debt?"

Related reading:

Steps you must take when someone dies

‘Zombie' debt is hard to kill

Executors can inherit an unholy mess

Sleazy new debt-collector tactics

Comments

 

I agree that if a person died penniless, that's that.Heirs or relatives shouldn't have to deal with the debts. However, if he left an estate that has value, the proceed should be used to pay those debts. It is an honor of a man to pay his debt. This is why the world is full of cheaters, corrupts, immorals, especially those riches like CEO in wall street and banks.

most states have limitations on time frames allowed for collection.you may check on

your state at www.bankrate.com under credit cards hence they may only collect

within a certain time frame and write them and tell them to stop all correspondence

with you or you will sue them under the fcra act.at the closest federal court house.

this stops them cold in their tracks........this tactic may be used prior to the finished

time frame or after. in michigan it was 6 years written,oral,cc.

We kept keeping calls for a person with the same last name as ours.  I told the callers several times that that person did not live with us and I could not tell them how to reach this person.  They always said they would make a note of it.  Fianlly, I asked for a supervisor as soon as they asked for this person.  I told her I had told the callers repeatedly that person is not at our number and if the calls did not stop, I would contact the state Attorney General to report harassment.  The calls stopped.  

JIM K said - There aught to be a law.  THERE IS

Its called the Fair Debt Collection Practice Act - which a lot of Collection Agencies choose to ignore.   In some cases they get away with it - because the people they are harrassing have no idea about the law so do not know what they are doing is illegal.  

As in Jim K's case - all he needs to do is send a Cease Communications stating they are calling the wrong number, letter via Certified Mail - Return Receipt.  Once received they have to stop calling him about someone else's debts. If they do not he can sue them in Small Claims court for FDCPA Violations - He will get $1000 + court costs. Keep a log of every call.  

As for Zombie debt - this is another area where our elected officials need to address.  They need to ban the sale of ZOMBIE DEBT, that will put a lot of Law-breaking collection agencies out of business.  

The FTC receives thousands of complaints against debt collectors who violate FDCPA - but does nothing to stop it and put the law breakers out of business.  They leave it up the state Attorney General's to do it for them.  In most cases they just open a Collection Agency under a different name but same illegal practices- this needs to be stopped as well

On the flip side, if people didn't default on their bills like they do, there would be no need to have debt collection agencies, and these agencies wouldn't have to resort to other methods to get the money.  Can you imagine the flip side of being the debt collector and hearing every single sob story in the book about why someone is not paying their bills.  After hearing things from a friend of mine who works for a bank reviewing loans, I can understand the stance these people take.  Not everyone is blindly innocent about the debt and I'm sure that there are a lot of people who tell the debt collectors that they've died so they won't get the calls anymore.

I agree that if you owe the money, collection agencies have the legal right to attempt to collect it, BUT they don't have the legal right to go after debt that has been written off either by the creditor or by the statute of limitations, or call your neighbors or threaten you.  Most collection agencies, once you inform them of your rights under the Fair Debt Collection Practice Act, will back down.  They'll also back down if you request, in writing, what debt you actually owe, since as someone mentioned, it is usually debt that has been bought from another company.  Also if you work out a settlement agreement, first get it in writing and never, ever send them a check, always send in a money order.

I get calls from debt collectors because my phone number was at one time the phone of some dead beat.  I enjoy these calls because it gives me a rare platform to give these scumbags the big run around.  I usually let the caller hear me pretending to talk to the debtor, so they think he's really there.  Then I string them along.  I usually force them to talk to the debtor through me.  I come back with the most irritating answers to their questions.  I make sure they think the debtor has the money to pay so they keep the case alive.  (That way they will call me again - So I can mess with them more. )  You can literally hear the steam coming from the callers ears.  It's really fun.  Sometimes I let them know I'm messing with them.  But at that point they don't know what to think, so they keep calling back.  There was one firm that had to be into me for some 10 labor hours - I had to have taken calls from everyone in the company.  

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