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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 they pay 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 ?

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Attorney answers 3


If these are debt collectors (as opposed to the original creditors) you may be able to take legal action against them if they are violating the Fair Debt Collection Practices Act (FDCPA.) You should discuss these collection activities--specifically what you mean by "busting my chops" with an experienced FDCPA attorney. Many attorneys who do this work, including my office offer a free initial consultation to evaluate your case and if it is viable will take it on contingency, so you have nothing to lose.

Good luck

No attorney client relationship has been created by this answer.


See my answer to your other post.

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 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.


You should visit with a qualified consumer attorney in your area.

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