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Lady_Satine
Title: Head of Lexian R&D
Joined: Oct 15 2005
Location: Metro area, Georgia
Posts: 7287
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So a while back, both I and my sister receive a letter from a debt collection agency about an overdrawn account in my dad's name. Said company gave us the option to pay it off, but seeing as my dad has been dead for nearly 3 years my sister said not to worry about it.
Yesterday I received another letter from this company, saying they'd acquired the account and informed Experian and Trans-Union about the "negative information regarding this account." They gave me 3 different payment options, including one with a free home phone for paying the quickest. This makes me more than a little cautious on how on the level this thing is.
In short, do I legally owe the money or can I just see them in court, declaring my father--and not I--owes them the money they seek?
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 "Life is a waste of time. Time is a waste of life. Get wasted all the time, and you'll have the time of your life!" |
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Knyte
2010 SLF Tag Champ*
Title: Curator Of The VGM
Joined: Nov 01 2006
Location: Here I am.
Posts: 6749
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Ice2SeeYou
Title: Sexual Tyrannosaurus
Joined: Sep 28 2008
Location: South of Heaven
Posts: 1761
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Unless your name is on the account in some way, I don't see how that's possible.
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Sydlexia.com - Where miserable bastards meet to call each other retards. |
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Lady_Satine
Title: Head of Lexian R&D
Joined: Oct 15 2005
Location: Metro area, Georgia
Posts: 7287
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That's what I'm thinking. The only possibility I think I even remotely tie into my dad's finances is that he died intestate, with my sister and I eventually becoming the executors of his estate (and I believed any lingering business would've been settled within the year of passing).
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"Life is a waste of time. Time is a waste of life. Get wasted all the time, and you'll have the time of your life!" |
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Blackout
Title: Captain Oblivious
Joined: Sep 01 2007
Location: That Rainy State
Posts: 10376
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The offer of a phone seems fishy.
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
Posts: 7565
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I highly doubt you can be held responsible for it, however if you're the executor of his estate, then his estate is responsible. Since it's 3 years, I think the estate has been cleared and it's way too late to put in a claim. On top of the time limit to make a claim on an estate, there's a statute of limitation on debts.
Ask for proof of the debt in writing. This will get a lot of people off your backs, since a lot of these debt collectors don't have it. They legally have to be able to prove you owe the debt to sue for it (without it, they're really just saying "Gimmie money!" and hoping it works).
Also look into the company. They may be fraudulent period.
Personally, I'd tell them to just fuck off. If they sue, chat with a lawyer, but I highly doubt they will.
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Cpt. Fantastic
Title: El Capitan
Joined: May 29 2008
Location: The Great Northwest
Posts: 196
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THIS IS NOT LEGAL ADVICE, SEEK A LOCAL LAWYER.
That said, the answer hinges on whether your father had a will or not, whether his estate was probated or not and whether notice was given by the executor of his estate.
In Georgia:
" If the estate shall have been distributed to the heirs or beneficiaries without notice of an existing debt, a creditor may compel them to contribute pro rata to the payment of the debt." O.C.G.A. sec. 53-7-43
As to a possible statute of limitation defense, a local lawyer will have to tell you that, or do some of your own research, but, generally, if it is a contract claim, the time will be 4-6 years depending on the type of contract and the Statute of Limitations on debt collection actions are between 2-14 years, depending on the state. Generally 4-6.
If the amount is significant, a local lawyer specializing in debt collections defense or probate/estate planning can help. If the amount is low, consider offering a much reduced lump sum payment (debt collectors love lump sums). If the debt has been assigned, or if they harass you, contact a local debtor/creditor attorney from your local bar.
Or tell them to fuck off and wait to see if they sue you. This idea is almost never the best course of action.
AGAIN, THIS IS NOT LEGAL ADVICE, SEEK A LOCAL LAWYER.
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"I have been accused of vulgarity. I say that's bullshit"
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"I can wire anything directly into anything! I'm the Professor!"
-Professor Hubert J. Farnsworth |
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
Posts: 7565
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| Quote: |
| Or tell them to fuck off and wait to see if they sue you. This idea is almost never the best course of action. |
While I'd never use the exact term "fuck off" when speaking to them, if you feel the debt is suspect (and it certainly seems that way), I can see ignoring it and waiting to see if a suit shows up. Especially if they don't send proof.
These companies make a living off of throwing out claims they may or may not be able to back up and hoping people will settle to avoid damage to their credit rating or a lawsuit.
I completely agree he should chat with an attorney if this goes beyond demand letters, but from what he's said, this just seems like some pissant collection agency trying to collect money they have a shaky claim on at best.
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