A new trend is developing. Bill collectors are making more concerted efforts to collect debts from relatives of the deceased. Legally speaking, a person's estate is liable for his or her debts, so long as the creditor files a claim within the required time. If no probate estate exists, meaning the deceased had no assets at the time of death, their is nothing from which to collect.
Alot of bill collectors have ignored this basic fact and taken to pursuing the deceased person's spouse or children. The bill collectors take advantage of the family members' ignorance of the law and basic decency. Most people want to pay their bills and feel a moral obligation to pay their spouse's or parent's bills. The #&*@% collectors just fail to mention the law which says that the family is under absolutely NO OBLIGATION to pay the debt.
So beware the newest collection trap. A recent NY Times article on the subject is attached. http://www.nytimes.com/2009/03/04/business/04dead.html?_r=1&em
Friday, March 20, 2009
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