Please, pls help. DV letter/harrasm

Discussion in 'Credit Talk' started by ElorraM, Jul 14, 2003.

  1. ElorraM

    ElorraM Active Member

    I need some help desperately about a situation that has been going on for years. Iâ??ll make it as short as possible.

    My Dad died in 1994. He lived in MI, my Mom and I lived (and live in) GA. When he died he left no will. My Mom was executer of the estate. However, they (Mi probate court) removed her, for whatever the reason, and appointed an executor from the state of MI.

    Now when my Mom was executor she was made to get insurance (for the estate) with an insurance agency. She has told the insurance agency numerous times on the phone and in certified mailed letters that she is no longer executer but they still keep sending bill after bill even now.

    The estate has never been closed out even after 9 years. We had a horrible lawyer who would not do his job, and the court appointed executor is no better. So basically because the estate has never been closed this insurance agency still thinks for some reason they can keep billing my Mom forever even though she is not even in charge of the estate anymore (and there is nothing left there anyways we already received everything from it).

    This insurance agency turned my Mom into a collection agency for 118.00. On her 3 CRs its says placed, 12/1997, 12/1997, and 5/1997. My Mom also said he placed a lien on our house. We are going tomorrow to the court house to check. I did not see a lien on her credit reports for 118, so I want to be sure. She says she has paid him everything she ever owed him. She was removed as executor in 1998 I think.

    My question is this: Once statue of limitations is up, I think it is four years in Georgia, can he place anymore liens against the house? The guy that owns the company is nuts. My Mom showed me the stack of letters he has sent her over the years; itâ??s insane. She has told him that the state of MI is now handling the estate and she is not paying him anymore (the fact that the estate has never been closed like it should have is also another problem). He insists on sending her these bills for all these weird amounts. There was a stack of invoices for March 15, 20003. There were like six sheets for 250, then 300 then 150, etc. etc. I donâ??t know where his is getting his figures from.

    I wrote a DV to the collection agency he turned this 118 over to. They sent me this copy of where my Mom signed a contract agreeing to pay 100 annually in May of 1995. Is that proper DV? They sent nothing showing how much my Mom has paid or what she is being charged. Nothing at all about payments and charges. I think that this guy hasnâ??t turned her in for anything else over the years because he knows what he is doing is illegal but he thinks she is an easy target. It just makes me so mad and upset. Not only did we have to deal with my Dad dying we also had to deal with this kind of BS and still are 9 years later.

    Is this letter after letter with all these crazy fees legal? Isnâ??t this harassment? What can I do? I'm thinking that maybe I should dispute this with the CRAS as being 7 years old. Those dates I think were just when the insurance agent turned it over the the CAs, not whenever this payment he says she owes him was supposedly owed.

    Any advice would be really, really appreciated.
    El
     
  2. lbrown59

    lbrown59 Well-Known Member

    To start with the guy is billing the wrong party.
    This is an expense of the estate not the executor.

    I had an excavator and a heating contractor to bill me personally for work at my mothers estate when I was the executor of it.

    I simply returned their bills with a note that I was not responsible for the obligations of the estate and to bill the estate for their services

    THE END ** *** ** LB 59
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  3. lbrown59

    lbrown59 Well-Known Member

    1*This insurance agency turned my Mom into a collection agency for 118.00. On her 3 CRs its says placed, 12/1997, 12/1997, and 5/1997.

    2*My Mom also said he placed a lien on our house.
    ElorraM
    =============
    1*This should have never gotten to her reports because she has never been a customer or done business with the insurer.
    2*When was she in court over this for them to be granted a lien?

    THE END ** *** ** LB 59
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  4. lbrown59

    lbrown59 Well-Known Member

    They sent me this copy of where my Mom signed a contract agreeing to pay 100 annually in May of 1995.
    1*. Is that proper DV?
    ElorraM
    ================
    NO it Is Not ! !
     
  5. jlynn

    jlynn Well-Known Member

    When you said "made to get insurance for the estate". Are you talking about a personal bond? I know they are required in TX, if you are an administrator (executor of an estate with no will).
     
  6. ElorraM

    ElorraM Active Member

    It says on that sheet the collection agency send me (from this insurance agency) that it was a Bond. It says type of bond "PIR." It was for ten thousand dollars. And I think like you said she had to get it because the state of MI required it.

    Someone also said this signed contract isn't proper dent validation. then what is?

    And I really want to know if there is anything I can do about his harrasment (besides reporting him to the BBB).

    LL brown59 :2*When was she in court over this for them to be granted a lien? She never went to court she found out about this she said when she tried to refinace her house. I still have to check her records. She might be confusing this with something else. Also, what do you mean did she go to court? You have to go to court to place a lien on someone?

    Also Im confused about this statment: This should have never gotten to her reports because she has never been a customer or done business with the insurer."

    She was executor at one point, thats why she got this bond. Do you mean that the "estate" of with she was exectuor of was paying this bond, and once the estate was turned over to someone else it was no longer her responsibility? What can I do about this guy that keeps billing her then?
     
  7. lbrown59

    lbrown59 Well-Known Member

    When you said "made to get insurance for the estate". Are you talking about a personal bond? I know they are required in TX,
    1* if you are an administrator (executor of an estate with no will).

    2* So basically because the estate has never been closed this insurance agency still thinks for some reason they can keep billing my Mom forever even though she is not even in charge of the estate anymore
    *******
    =jlynn ==========
    ===========
    1*Even so this would still be an expense of the estate and not an obligation of the executor.
    2*Also the mother is being dunned for the time period after she was and is no longer the executor.

    THE END ** *** ** LB 59
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  8. lbrown59

    lbrown59 Well-Known Member

    DV letter/harrasm

    Please, pls help. DV letter/harrasm

    ElorraM | 6 posts since Jun 2003 216.27.160.123 | 07.15.2003 @ 21:34

    It says on that sheet the collection agency sent me (from this insurance agency) that it was a Bond. It says type of bond "PIR." It was for ten thousand dollars. 1*And I think like you said she had to get it because the state of MI required it.

    2*Someone also said this signed contract isn't proper debt validation. then what is?

    3*And I really want to know if there is anything I can do about his harassment (besides reporting him to the BBB).

    4*L brown59 :2*When was she in court over this for them to be granted a lien? She never went to court she found out about this she said when she tried to refinance her house.
    5*Also, what do you mean did she go to court? You have to go to court to place a lien on someone?

    6*Also I'm confused about this statement: This should have never gotten to her reports because she has never been a customer or done business with the insurer."

    7*She was executor at one point, that's why she got this bond.
    8*Do you mean that the "estate" of with she was executor of was paying this bond, and
    9* once the estate was turned over to someone else it was no longer her responsibility?
    10*What can I do about this guy that keeps billing her then?
    Showing Posts: 1 to 6 of 6
    ==========================
    1*Yes the state may require it , but not at your mothers expense.
    Acting on behalf of an estate does not obligate a person to do so at their own personal expense.
    2*That was me. I said it because the bond or what ever was and is not your moms obligation. It isn't proper validation because it was not presented to the responsible party I.E. the estate not your mother.
    3*Send CA Estoppel. Letter 30 days after their getting the Val. letter.
    4*To get a lien the Ca has to sue there has to be a trail and the judge has to make a judgment first.
    5*You certainly do!
    6*That's correct The estate was the client of the insurer not your Mom!
    7*But: She is not personably liable for paying for purchasing the bond on behalf of the estate.
    8*Well you're getting close : Actually the estate is the debtor for this bond and the insurers and or Cas quarrel is with the estate instead of mum. They are directing their efforts towards the wrong party.
    9* Again close but no cigar: Payment of the bond was never moms obligation.
    10* Stay the course of the validation process.


    THE END ** *** ** LB 59
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