Debt Collection from the Deceased
Complaint
Joseph Roesch
Country: United States
I recently received a call from Susan at NRA Group LLC Requesting proof of death for a family member. I requested information for the reason of the call and the need for the certification of death. Susan would not provide one just that she needs it and refused to tell me the actual name of the company she works for and who she is collecting for. She knew i was the executor and POA for the person and when she died so she had no reason to disbelieve me. When she refused information I told her to send a letter and she said she was not going to do "this Dance with me" and hung up. At one point she told me that I had to provide proof of death to those who asked and that it was a federal law to do so and I pointed out that I did not without proof of need or requirement. That is when I told her to send a letter and she ended the conversation. So apparently a new twist has been added to the tactics get money from the dead they cant complain.
Comments
FTC recently studied this problem area. As executor, you have the same FDCPA dispute rights as the deceased party, and you can also stand in their shoes if you need to sue for violations on behalf of the estate. You might also sue on your own behalf, if they engage in abuse or harasssment.
As part of settling the claims against the estate, as part of probate you generally notify all known creditors, and they have a finite period to respond with notice of any claims, which you would then use to dispute and force validation of the alleged debt, if they can produce any. Just calling and harassing you on the phone would probably not meet the requirement of a written substantiated claim, and if they fail to assert their claim timely, probate might close, distribute the remaining assets to verified creditors and heirs, and leave them out in the cold.
If it is the cost of a bunch certified copies that concerns you, you might just fax them a copy, and see if they go away. You might also notify them as you notify all potential creditors.
Follow the directions of your probate attorney.