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Claim Notices

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What is the name of your state? Illinois

I was wanting to know if an executor is required to send collection agencies Claims Notices for Estates.

My husband died in February. He had just bought a new vehicle last July. I attempted to get cooperation cancelling the Service Contracts / Extended Warranties, etc on the vehicle from the dealership and dealer financing company since March to bring the amount owed on the vehicle down to close to what it could be sold for. (He had paid $4,000 down payment and had a trade in).

The service contract people said I had to cancel them through the dealer, the dealer said I had to cancel them through the financer, and the financer said I had to cancel them through the dealer.

Lots of run around while they continued to add on late fees and charge 9.75% interest.

I surrendered the vehicle to the financer for resale. They told me they would cancel all the service contracts. But after the sale, they still haven't cancelled them and are still showing that amount as owed on the vehicle.

I sent a claim notice to the financer (the creditor) in April. The last day to file a claim against the Estate is Sept. 8. Last week I recieved a letter from a collection agency stating the creditor had hired them to collect this account. The agency requested my husband's death certificate and information as to whether the Estate would be probated, etc.

The Probate law says you have to send a notice to all known creditors, and notify them that all claims must be filed within 6 months of the published notice or 3 months from the date of sending the letter, whichever is later.

As I sent a claim notice to the creditor in April - am I required to send a Claim Notice to the agency the hire to collect the debt? I would assume that would be the creditor's responsibility; not mine. Especially since they just retained the agency a couple of weeks before the end of the 6 months allowed to file claims.

Thanks,

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