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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.

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

Posted

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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.

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Posted

they KNOW that my son has passed away and they are BUGGING ME , like I owe them something. IF THE 6 YR LIMIT IS EXPIRED. THEY CAN'T COLLECT MONEY FROM ANYONE.

Posted

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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

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.

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Posted

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.

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Posted

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 answering your question to solicit you as a client and there is a good chance that I am not licensed to practice law in the state that you reside. I hope that you find my assistance beneficial and, at most, use my advise as a finger pointing in the right direction. An attorney client relationship is not established by posting back and forth online. One of the most beneficial aspects of working with an attorney is the attorney client privilege which does not exist when you post personal facts online to faceless strangers. Hire an attorney if you want specific legal advise. If you cannot afford one, call your local bar association or search "(your city) legal aid" online. The fact that you took the time to post your question online likely means that you could use the aid of an attorney. Call around your area and see if any local attorneys offer free consultations.

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