• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Harrassment of surviving spouse over debts of deceased

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

fgs

Member
What is the name of your state? AL
Is there a statute of limitations on when collections agencies must stop harassing you?

My spouse died over three years ago, leaving unpaid credit card bills. These were all in SPOUSE'S NAME ONLY. I hired an attorney and he wrote to them to notify them of death, that there was no estate, and to direct any questions/correspondence to the attorney. These companies do not answer the attorney but instead continue to call and write me.

What else can be done?

Thanks
 
Last edited:


tranquility

Senior Member
Send them a copy of the death certificate and a cease and desist letter. However, are you sure you didn't benefit from the debts? Did you get any of the deceased's property which should have first been used to pay off her debts?
 

fgs

Member
They already have the death certificate and cease/desist letter.

The debt belonged to the spouse, not me, and did not leave an estate.
 

tranquility

Senior Member
One of the more knowledgable posters can quote what to do when a collection agency violates the debt collection act. However, you didn't answer the other questions I mentioned. If they legitamately believe you owe (or her estate owes and proper notice was not made for probate), the calls are not harrassing. If they know they only can collect from the deceased and continue to call after notification of death, if not the original creditor, I'd say the calls are harrassing.
 

Debt Guy

Senior Member
You are asking how to make CAs stop calling on the debt of a deceased spouse -- even after having been provided copies of the death certificate and a cease and desist from a local attorney. Right?

The FDCPA, which governs the activities of CAs, does not provide for an enforcement agency. In other words, there are no FDCPA cops who will run down and slap 'em in handcuffs.

But, there are several things you can do. First is to complain. Write complaint letters to the Better Business Bureau in the city where the CA is located; write to the Federal Trade Commission about each of the CAs that calls; write to the Attorney General in your state; write to the Attorney General in the state where the CA is located; write a complaint letter to the President of the CA; write to the registered agent for the CA and say that you intend to sue if the calls don't stop.

All your letters should be via certified mail return receipt requested. Each letter will cost a little under 6 bucks.

Second, get a tape recorder and connect it to your phone. When a collector calls, say "I am recording this call" then tell them that you have repeatedly asked that they stop calling. A decent recorder that attaches to your phone will cost under $40.

If after a couple of months, the calls are still coming, find yourself a lawyer who understands FDCPA, give him your correspondence file of all those complaint letters and the tapes. He may be able to make something out of it. The "iffy" part is that technically you have no standing under the FDCPA since you are not the debtor. But, a judge might think differently.
 

cdgracie

Junior Member
Although the spouse is not the debtor, isn't there anything that can be done about unsolicited phone calls about collection when the debt is NOT owed.

The spouse is NOT liable for these debts in his or her individual capacity unless there was some relationship with the creditor (like a joint credit card) in which case the debt is just that ... a debt.

When it comes to distribution of the assets of the deceased, the laws of most states make it clear who gets what....including unsecured creditors and the surviving spouse.

Thus, when I keep getting letters saying that my husband's debt can be resolved by having me use "my" credit card to pay it or to write a check....I am dumbfounded. The debt is not mine. And, if the estate pays the debt, it needs to be handled consistent with the state laws regarding distribution of estates.

Thus, I would think an argument could be made that these letters suggest that the surviving spouse is being pressured by a stranger (no relationship exists with the credit card company) to pay a debt she does not owe under a false light or to break probate law by paying a creditor that the court has not determined is entitled to payment.

If so, isn't there some provision of truth in advertising or truth in lending...or something.... that could be used to sue these companies? What about enticing someone to do something contrary to law?

Has anyone heard of this being done in a suit?

Any ideas?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top