There is a collection agency that is trying to collect a debt on my son's estate. I believe that the time limit of 6 yrs is up.

Asked about 1 year ago - Coram, NY

my son died in June, 2012. His estate is approx $ 9,550. His funeral expenses are $ 8,929, other expenses total approx. $ 285. That leaves approx $ 336. the debt is over $ 19,000.
I know they can't get over $ 336. My son was 34 yrs old when he died of cancer. But They have been busting my chops over this debt. I would rather donate the $ 336 to Cancer Care, rather thenpay these arrogating people. My question is " Are there any legal forms that I can file to prevent them from collecting anything, IF the 6 yr. has expired ?

Attorney answers (5)

  1. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . There us no form. Did they file a claim in Surrogate's Court - assuming you probated. Hire a lawyer to write the a letter.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Jennifer M Spiegel Colson

    Contributor Level 6

    5

    Lawyers agree

    Answered . So very sorry for your loss. These debt collectors are the scum of the earth. This is not your debt..period....advise them to cease and desist from any further communication with you and mark down the date and time you told them. Their continued harrassment over a debt that is not your own may open up a complaint against them in violation of the federal Fair Debt and Collection Practices Act.

  3. Anthony J. Pietrafesa

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . That the debt is more than 6 years old means they can hound you, but they can't threaten to sue you or the estate or do so. That would violate the FDCPA. The FTC also has some new rules on this sort f thing, you might want to check with the FTC website.

  4. Michael Avanesian

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . I am sorry for your loss. I don't think there is a form you can fill out, but you can tell them that your son passed and they should leave you alone.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  5. Jeffrey Scott Hyslip

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . If they are harassing you ("Busting my chops"), you might be able to sue the agency under the Fair Debt Collection Practices Act. Find one of us FDCPA attorneys for assistance. Most of us provide free consultations. Thanks for visiting AVVO.com.

    I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not... more

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