My mom passed on in June. Bills are being sent to me at my address (forwarded mail). When they're addressed to my name, I send back the bill with "I am not the responsible party - contact Oxford Insurance, policy #123456" One company sent a second bill, after I spoke w/them on the phone. Yes, they called. I'm polite, I point them in the right direction. Now we're down to the co-payment portion of the $1800 pharmacy bill, a mere $500. I noted on the second bill the same thing and added "Second notice - not responsible party. Do not send bills to me" Just got a third bill. Can someone help me w/wording here. I would like them to leave me alone. I really don't want this to turn into a collection agency fiasco in a few months. It's addressed to me personally, not "the estate of Mrs. DanS' Mother". There is technically no estate, there was no will, no assets, etc. As always, much appreciated. .
My first comment is my condolences on your loss. I think the proper thing to do is send a "cease and decist" letter to them. They by law must abide by it. Send them this in writing, certified mail of course. I might be missing something here but I think that a C&D letter is at least an important part of what you need to do. A sample C&D letter can be found in the sample letters page. SnakeMan
I'm worried about kicking it up a level to collection, since they now can't contact me, it just appears on my CR. Am I just paranoid?
No, you are right. I'm sorry, I had assumed the bill/s was/were your mothers. Assuming it has appeared on your report... In the case that they are yours, send them a validation letter and make sure you have a copy of your CB befroe you send it, and another one a month after confirmed receipt of your letter. Do the dispute to the CRA's. I wouldn't contact them by phone.....well, I would....but you shouldn't unless you think they would be willing to settle for a deletion right off the bat. Sometimes lurking in tha shadows giving them a chance to mess up works well. The simplest way for them to get a violation (and this one is a double whammy, FDCPA and FCRA) is doing just what I said and them not disclosing to the CRA/s that you are disputing it. Hope that helps. SnakeMan
Not "JOINT" accounts You did not "CO-SIGN" You did not ASSUME RESPONSIBILITY No estate BUSINESSES TAKE THE RISK THAT PEOPLE WILL DIE...THEY NEED TO FILE WITH THE INSURANCE COMPANY OR WRITE IT OFF!!! SORRY FOR YOUR LOSS...
Just to be clear - the debt/bill is not mine, it is (was) my mom's. In this case, we're talking about the copay after her insurance. I have had her mail forwarded to me. At some point, they got hold of my name/address from the forwarding info and started addressing the bill to me. I never signed anything about financial responsibility. There is no way I'm responsible for this, as far as I know. And just to be clear, if it were addressed to her estate, there is no estate - no assets, no insurance, etc. Now that won't stop them from coming after me, and at a time when I'm working diligently to get every little ding off my CR, I don't want any more to appear. So what's the most effective strategy to get them to leave me alone? Again, I'm concerned a C&D will result in something appearing on my CR, since they can't contact me.
Were you officially ever named the Executor (if there was a will), or Administrator (if no will and you went thru probate)? If you didn't do either, then I would send them a copy of the death certificate, and a letter stating that you have no knowledge of being financially responsible for these accounts. They need to send you validation of this if that is what they are alleging. Validation letters do not have to follow the sample letters. You can modify to fit your situation. Send these all CRRR. They may never answer you, so you will need to keep these if something evil appears at a later date. You might also talk to an attorney. Probate laws vary from state to state. Could the creditors force the "estate" (even though there isn't one) into probate for discovery of assets? It would really depend on the amounts of the bills and your state's laws. Worth some research...
Re: "NotResponsibleParty"x2-now wha There was no will, so I'm definitely not executor. I did not go through probate, so I'm not administrator. I did get power of attorney but I understand that doesn't matter after death. She lived in NY, was cared for and died in NJ and I live in MA. There really was nothing at the end - all went to paying for her expenses - surprise! All gone!
Re: "NotResponsibleParty"x2-now wha Then if you are the only heir, it wasn't worth going to probate. I would send a validation with death certificate, just to cover yourself in the future. I would also write the other creditors and let them know the money is gone. Good luck! BTW - the law of the state she resided in should be the prevailing one. My Dad died in OK, but resided in TX, so I am following TX law.
Re: "NotResponsibleParty"x2-now wha But don't expect the letters to go away. My sister was staying with us when she died in May of 1998. The county continues to send jury notices to my home. The first couple I sent back stating that she was deceased (couldn't they figure that out? it was the same county after all). Now, I don't bother. I'm hoping they send the sheriff by. I'll give them her new address at the cemetary. And let them figure it out for themselves.
Re: Re: "NotResponsibleParty"x2-now wha FORWARDING ADDRESS Forest Lawn Memorial-Parks & Mortuaries SECTION 42 GATE 7 PLOT 103 6300 Forest Lawn Drive Los Angeles, CA 90068 POSTMASTER---AFTER 5 MINUTES OF NO ANSWER PLEASE RETURN TO SENDER AT THEIR EXPENSE. "IF" people have to send checks for $0.00 because they keep on getting DEMAND LETTER after DEMAND LETTER...YOU DO WHAT YA' GOTTA' DO!!!
1*I have had her mail forwarded to me. 2*And just to be clear, if it were addressed to her estate, there is no estate - no assets, no insurance, etc. 3*Now that won't stop them from coming after me, and at a time when I'm working diligently to get every little ding off my CR, 4* I don't want any more to appear. 5*I'm concerned a C&D will result in something appearing on my CR, since they can't contact me. DanS | *================* 1*You should not have done this., but I guess you've found out why by now. 2*There is always an estate and final matters to settle. 3*Your credit reports and your mothers affairs having nothing to do with each other. 4*The can't report yours mothers affairs on your credit reports. 5*They have no business contacting you about anything.How do you think permiting them contact with you will prevent them from reporting you to the CRAs.Please explaine how that one works to me.
Re: Re: "NotResponsibleParty"x2-now what? 1) There are many good reasons to have mail forwarded from my mom's, including being able to hear from occasional friends of hers and give them the news. The only downside is they can "find" me, but if I have nothing to be worried about, as everyone is saying, then that's not really enough of a reason to outweigh the advantages. 2) There are no assets in whatever you want to call the estate. 3/4) of course not. But it would not be the first time someone dropped a bogus bad TL/collection on a CR. 5) I'll try again... IF I send C&D, then there will be no contact, correct? (assuming they adhere to the spirit of C&D) So without contact, they *could* proceed to drop something on my CR, or take me to court, and how/when would I be contacted?
Re: Re: "NotResponsibleParty"x2-now wha Absolutely! Include a note that if they send another one you may sue for harassment. Sorry Dan.
Re: Re: "NotResponsibleParty"x2-now wha IF I send C&D, then there will be no contact, correct? (assuming they adhere to the spirit of C&D) 1*So without contact, they *could* proceed to drop something on my CR, or take me to court, and 2*how/when would I be contacted? DanS =============== 1*Correct 2*Court Summons THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
