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More outrage about collecting debts of the dead

Posted Mar 18 2009, 04:57 PM by Karen Datko
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Another blogger has joined the tiny chorus of personal-finance writers outraged about what The New York Times calls the "newest frontier" in debt collecting -- going after debts of the dead.

Why the outrage? These bill collectors are asking surviving family members to pay when they're often under no legal obligation to do so.

"Is this the height of tackiness or what?" said Andrea of Fools and Sages in a post called "From dead to worse."

It amazed us that a TV piece we saw about this trend almost suggested it was kind-hearted. The employees of a firm that specializes in going after dead people's debt, DCM Services, get special training in how to talk to the bereaved.

How sensitive. (Do you hear sarcasm in our voice?) Apparently not everyone in this line of work is so thoughtful. Liz Pulliam Weston wrote at MSN Money:

One of my readers told me a collection agency insisted he had a "moral obligation" to repay his father's debts. If this happens to you, take a moment to savor the irony of being lectured about morals by a clearly unethical collector. Then hang up.

Andrea explains what generally happens when a person with debt expires: "Most of us know that when we die, our estate can be drawn upon to pay outstanding debts before it is passed along to heirs. If there isn't enough in the estate to cover the debts, lenders have to just write it off."

According to Andrea, DCM says it starts out by contacting a legal representative of the estate. But if there is no estate, family members may get a call and are always told that they're under no obligation. (Let's hope that's the case.) A bill-collection consultant said the industry wants the dead to "rest easy" knowing their bills have been paid.

Andrea says, "I wonder if the dead can rest easy when their relatives are getting charmed out of their own assets that they need to, you know, pay their own still-living bills?"

She also explores a DCM Web site that encourages you to sign up for free information about post-death debt. She wonders if it's simply a way to build a data base of future targets for collection efforts.

Andrea leaves us with her impression: "Overall it's creepy, it's squirrely, and if you have anyone in your family who passes away and you get called by a debt collector, please please do your own research on the laws in your state before sending in any money."

Related reading:

Bill collectors target debt of the dead

Sleazy new debt-collector tactics

'Zombie' debt is hard to kill

When your parents die broke

Comments

 

Seriously, who is dunb enough to pay debt after a person is dead?  Does it really matter how slick talking or convincing the person on the other end of the phone is?  As mentioned in the article but not by name, once the estate goes through probate (the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property) the dead owe no one.

Not surprisingly, given how the value of their portfolios has shrunk, “Affluent investors losing faith in advisers.” A recent U.S. survey shows that “36% of ‘millionaire households’ were unhappy with their adviser’s performance, while only 14% said they planned to make more use of advisers in the future.”

Via Stock Research Portal (www.stockresearchportal.com)

Who can we trust anymore?

Okay, my favorite thing is that the state of California recently sent me a "bill" for my father's alleged "tax debt." The state claimed my father, who died in 2005, owed them $700. Well this is complete b.s. because my father never lived in California and never had any income whatsoever in California. Ever. His estate was settled years and years ago. The only reason there was a California address for them to send the "bill" to was because as the executor of his estate, I have a California address. I threw the whole thing in the trash.

I've known people, some who have passed on, who would be horrified to know that their debts were not paid after they passed away. After all, those debts would then be passed on to other card holders in one form or another, which isn't fair to them, either.  Nor would it be fair to say that the company should just eat the cost when the debts were made fair and square.

Now, that doesn't mean that the relatives should pay from their own assets, but if the deceased left behind money then I do think that it is reasonable that their debts be paid off after things like funeral arrangements are paid for.  

Of course, if I were to come into a large inheritance (ha!) from someone who owed a lot of money to others, I admit that I might be tempted to keep it all.  

However, what I find absolutely appalling is that their are those that are terminally ill (or even just planning bankruptcy for that matter) and use it as an excuse to spend money that isn't really theirs, knowing that the debts won't be repaid.

Meg from FruWiki,

Welcome to Earth. Are you kidding ? Lenders all over have a built in cushion to cover these things because they know they will happen. The death rate in this country is a pretty steady rate. About 825 people a year die for every 100,000. Lenders figure a bad debt percent based on this.

Mike9191,

There's no reason to be insulting -- and no, I'm not kidding.  How do you think those lenders make up that bad percent? Where do you think that cushion comes from?

Anyhow, I guess I was just raised differently because I don't believe that it is fair to expect others to pay your debt when you made it fair and square. And when you don't pay your debts and just leave it to the company to absorb, then that is exactly what you're doing because it gets passed on to others.

Just in case it wasn't 100% clear, though... I do not in any way condone debt collectors preying on relatives of the deceased.  I'm just saying that I can understand why some people would want to pay those debts and why their deceased relative may even have instructed them to do so with the money they have left behind.

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