Creditors violating Fair Credit rules?

[fgs]

What is the name of your state? GA
My spouse died a year ago. The lawyer who was involved sent letters to all of the creditors containing the death certificate and notice that there was no estate and would be no probate. Any further questions were to be directed to his office. As the surviving spouse, I am still receiving letters and calls, and it is obvious that some creditors have sold the debt and at the same time hired collections agencies to recover the debt. I did not sign off on any of the debt. It was in my spouse's name alone. My question is: a lawyer was involved but these agencies still seem to be coming after me even though it is not my debt and not going through the attorney as they should be. Are they now subject to the $10,000 fine that is imposed for violating Fair Credit rules? Thanks for any input.

 

[Ladynred]

a lawyer was involved but these agencies still seem to be coming after me even though it is not my debt and not going through the attorney as they should be. Are they now subject to the $10,000 fine that is imposed for violating Fair Credit rules?

WHAT $10,000 fine ?? There is no such fine for violating the FCRA nor the FDCPA. The MAX for FDCPA violations is 1,000 UNLESS you can prove ACTUAL damages, then you might get more. The fine for FCRA violations is $1,000 PER VIOLATION, so it could get to 10K, but it's rare.

You are NOT responsible for your husband's debts if there was no estate and no probate, or if his estate was insolvent. Send these collectors a cease and desist letter with a copy of his death certificate and tell them to get lost. Send all letters certified, RRR and keep copies. If they keep after you and if they are reporting on YOUR credit reports, then think about suing them.

 

[fgs]

LadynRed, thank you for your reply.
That WAS a typo. Should have been $1000 not $10000.
The creditor WAS sent a letter and death certificate by an attorney. That has already been done and obviously they chose to ignore it. I've gotten calls from these people early in the morning, before 8:00AM, and as late as midnight. They call continuously and sometimes I just turn the phone off. They've sent letters to my address. The letters clearly state that "their client" (who is listed on the letter) will take some percentage of debt to settle. So they have been hired by the client AFTER getting notice from my attorney. They don't seem to care about breaking the rules. This is one of the big national banks, not a mom-and-pop. Reporting these people to the FTC for FDRA violations may make them stop. If the creditor hires collection agencies after they have received notification, does that get them off of the hook for FDRA violations? Does everyone they hire have to be notified too?Thanks for any reply.

 

[Ladynred]

Glad it was a typo.. lol

I've gotten calls from these people early in the morning, before 8:00AM, and as late as midnight

That, of course, is a violation of the FDCPA and even if it is an ORIGINAL creditor, they could still be in violation of state law.

Just because they were sent 1 letter from an attorney doesn't mean they are going to stop. If you're dealing with 3rd party debt collectors, they won't know about an attorney letter to the original creditors. Even if you had sent the CA the letter, they are determined, and stupid enough, to keep harrassing hoping you will throw money at them to make them go away.

So they have been hired by the client AFTER getting notice from my attorney.

Unfortunately, not illegal unless state law says it is.

They don't seem to care about breaking the rules.

Nope, they don't. They want $$$ and, as I said above, they'll keep at it hoping you'll give in to make them stop.

Reporting these people to the FTC for FDRA violations may make them stop.

Unfortunately.. no, it won't. The FTC collects complaints and when they see enough of a pattern to warrant them taking action then and only they will they. It's still a good idea to file the complaint with the FTC though. Unless they are reporting this debt on YOUR credit report, there are no FCRA violations. Most sounds like FDCPA violations. You're more likely to get some action by filing complaint with your state Attorney General.

Does everyone they hire have to be notified too?

Yes. Even though we shouldn't HAVE to, they will not tell their collection hounds that they were told to go away. Send every CA a cease and desist letter with copies of the death certificate. I know it's a pain, but you have to do it.

If they refuse to stop, sue them, but you will have a fight on your hands from a big bank.

 

[fgs]

LadynRed,
Thank you so much for your responses. Some may not have been what I wanted to hear, but are nonetheless appreciated.