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If a person desires, can they in repaying someone's probate credit debt, pay only original creditors and not any collectors?

Baltimore, MD |

If I settle on my father's probate claims ( SOL run ) , would I have a problem paying or settling only with the original creditors ? Dad signed contract agreements with card lenders . Banks paid for any and all transactions at the cashiers counter . The banks secured his purchases . When dad signed the receipt , the banks were the ones who paid the retailers for goods and services . If some of the creditors sold or assigned debts to collection agencies for recovery , well that's their deal not mine . If I am going to pay claims filed against an estate , although time barred and past SOL , then I want to pay who I want . They wrote - off those debts and 1099C ed them in full , so I want to pay them in full . They didn't have a problem 3 1 / 2 years ago asking for their money . What can I expect ?

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Attorney answers 4


If you handle this improperly you might start the statute of limitations running again on these debts if you start paying on them to the original creditors. Also, if debt collection companies have purchased these debts for cents on the dollar then the debts no longer belong to the original creditors, but to the debt collection companies. Debts can be sold or they can be handled on the basis of "consignment," or by other arrangements. You are asking for trouble if you start making payments to the original creditors without getting the debt collectors to also sign off on the final payment with an iron clad in-writing statement that the debt is considered "paid in full and completely satisfied." Do not attempt to do this without an attorney.

This answer is NOT legal advice and is GENERAL INFORMATION ONLY and does NOT establish an Attorney/Client Relationship because you have not retained me and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is merely provided to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. A Consultation, Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required if you would like to obtain my representation. Office: (410) 381-1656. David Mahood, Esq.


I would strongly caution against attempting to pay the original creditor. I understand the desire to meet obligations, etc, especially to honor the memory of your father, but if the banks sold or transferred the debts to another entity then there is no legal obligation to them anymore.


You are making a simple situation very complicated. If the Statute of Limitations has run, the debts are not legally enforceable against the Estate. And if legally enforceable claims have not been filed in the Estate action within the six month time period, they are not payable by the Estate. What you describe is an invitation to problems-- you may trigger a "novation," or affirmation of the old debts, and re-start the limitations period from the date you acknowledge the debts. I recall that you posted this same question weeks ago, and all answers suggested that you seek legal advice before screwing things up beyond all recognition. That advice remains valid, especially as you appear determined to do just that.


What is the underlying reason you are voluntarily seeking to pay an uncollectible debt?

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