8665729374
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- Resident47 replies to JCThere's "no consequence" if you don't enforce one. It's called a "summons and complaint". Hope you sent that letter by USPS Certified with return card. If so, you now know what the $5.75 investment was for.
- Resident47 replies to Broke HubbyThe federal Do-Not-Call registry exists to help enforce the Telemarketing Sales Rule. Please note the operative term ''marketing''. A debt collector is not a sales person. Here are the DNC service terms you were supposed to review at registration time:
National Do Not Call Registry Q&A
http://www.consumer.ftc.gov/articles/0108-national-do-not-call-registry
Official-type material on US federal law which *does* apply:
http://www.ftc.gov/os/statutes/fdcpajump.shtm
http://www.consumerfinance.gov/askcfpb/search ... bt%20Collection - Resident47In Summer 2011 the FTC clarified its rules regarding decedent debt. Without penalty debt collectors can go hunting for and speak to whoever is the estate executor or whatever that person is called in your area. However, they still have to obey the FDCPA as usual and not subject anyone to harassment or annoyance or deceptive practice.
Moreover, if you're not legally responsible, it's illegal to coerce or trick, or even ask nicely, that you pay a dead person's old debt with your own funds. Collection agencies must stand in a probate line like everyone else.
Official-type material on US federal collection law:
http://www.ftc.gov/os/statutes/fdcpajump.shtm
http://www.consumerfinance.gov/askcfpb/search ... bt%20Collection
This is what the FTC has to say about decedent debt:
Debts and Deceased Relatives
http://www.consumer.ftc.gov/articles/0081-debts-and-deceased-relatives
(former title: "Paying the Debts of a Deceased Relative: Who Is Responsible?")
FTC Issues Final Policy Statement on Collecting Debts of the Deceased
http://www.ftc.gov/opa/2011/07/fdcpa.shtm - ZonieCall from a woman asking if there is anyone in the family related to a man that passed recently. It is a very common name, so I told her there are a lot of people with that name. She relayed the death date and I said, "Nope, not any of our people." She hung up.
- Caller: "Unknown caller"
- faloCan a collection agency put a lien on my mothers home,because my deceased father failed to pay his bills.
He has been died for more than a year.The collectors called today said the bill was from 2008.if we don't agree to pay they will put a lien against the home. is she responsible for his separate debts.?- Caller: Simm Associates
- Call type: Debt collector
- JackiePatty Banks called trying to collect a debt for my very recently deceased mother. First of all, where in the HELL did they get MY number. Second, she had exactly $42 when she died and up until then was on a very small fixed income. Third, and most importantly - I AM NOT RESPONSIBLE FOR MY MOTHER'S DEBT!!!!!!
- Caller: Couldn't understand the name of the company on the voicemail
- Call type: Debt collector
- Jackie| 2 repliesFor you, Patty Banks....
After a relative dies, the last thing grieving family members may expect are calls from debt collectors asking them to pay their loved one's outstanding debts. According to the Federal Trade Commission (FTC), the nation's consumer protection agency, a surviving relative usually has no legal obligation to pay the debts of a family member who has died. In fact, the rights of surviving relatives are covered by the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, which is enforced by the FTC, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here's what the law has to say about who has responsibility for a dead relative's debts.
Who is responsible for paying the debts of a relative who has died?
Generally, someone's estate is responsible for paying their debts. But if there isn't enough in the estate to cover the debts, they typically go unpaid.
Am I am legally obligated to pay the debts of a deceased relative?
You usually don't have a legal obligation to pay the debts of a deceased relative who was not your spouse. Even a spouse's obligation to pay may be limited under state probate law. To determine whether you're legally obligated to pay, talk to an attorney who is knowledgeable about this area of the law.
What should I do if a debt collector contacts me about a debt of a relative who has died?
Give the debt collector the contact information of the decedent's personal representative. That's the person responsible for settling their affairs, including paying any outstanding debts from the estate. If there is a will, the personal representative is known as the executor; if there is no will, the personal representative is known as the administrator.
Don't give any of your personal information, like your Social Security number, birth date, or financial account numbers to anyone unless you know who you're dealing with. Some con artists may check obituaries and other legal notices, and then contact relatives of a deceased posing as debt collectors. These scam artists can use your personal information to help them commit identity theft or other types of fraud.
Do I have to speak with a debt collector who contacts me about the debts of a deceased relative?
No. But if you're a decedent's personal representative, or otherwise legally obligated to pay the debt, you may want to talk with the debt collector to see if you can resolve the matter.
Can I stop a debt collector from contacting me about the debts of a deceased relative?
Yes. If you decide that you don't want a debt collector to contact you again, write a letter to the collector saying so. Then, make a copy of your letter, send the original by certified mail, and pay for a "return receipt" so you will be able to document what the collector received and when. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact and to let you know that they or the creditor plan to take a specific action, like filing a lawsuit. Remember that even though the collector is prohibited from contacting you again, they still may sue the estate of your relative or the legally responsible person to collect the debt.
Can debt collectors tell anyone else about my dead relative's debt?
Other than to get the personal representative's location, a debt collector generally is not allowed to disclose your relative's debt to anyone other than the deceased's spouse, parent (if your relative is a minor child), or guardian.
For Complaints and More Information
Report any problems you have with a debt collector to your state Attorney General's office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General's office can help you determine your rights under your state's law.
For more information about debt collection and the additional rights provided under the FDCPA, see Debt Collection FAQs: A Guide for Consumers at ftc.gov/credit.
For information on other credit-related issues, visit www.ftc.gov/credit and www.MyMoney.gov, the U.S. government's portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S- Caller: ?
- Call type: Debt collector
- J...Same Amy White just called about estate of passed grandmother-in-law. Too bad I didn't get to answer the phone as it went to voicemail.
- Caller: SIMM associates
- clarencr griffin| 2 repliescalled sating he would sue us for fraud since we took what money was needed for for burial. for other companies, but did not tell us who. said we hAD 24 HOURS TO PAY
- Caller: chris
- Call type: Debt collector
- Dewey HittCalling about the late James English. I have been calls about this name for 4 years. This name is under investigation for fraud.
- Caller: Simm Associates
- JimI spoke with Simm ASSosiates all the way back in July 2013(the 19th at 8:30PM to be exact...) and told them that the person they were looking for isn't at this number. Today, 16-Sep-2013 at 5:40PM they called AGAIN looking for the same person. I told them AGAIN that he is not at this number. LESS THAN 5 MINUTES LATER THEY CALLED AGAIN!!!!!!!!!! AHHHHHHHHHHHHHHH!!!! WTF!!!!!!!!!!!!! When you call them out on it they get defensive (bitchy really) and try to justify the fact that they are calling again. They gave me some lame excuse about it being used as both a cell number and a home number and that was why the robo-dialer they use called me twice in 5 minutes.
I don't know the name of the person I spoke with first, but I next spoke with a Nichole White and then to a Jessica who would not give a last name. They both pretty much hung up on me and didn't want to answer my question about the legal responsibility of verifying the facts.
HOW DO YOU GET THESE PEOPLE TO STOP CALLING FOR SOMEBODY ELSE??????????- Caller: Simm ASSociates
- Call type: Debt collector
- B...I just received a call from them asking for the person handling my mother's estate. She passed away exactly a year ago today. Anyway, my parents were granted a bankruptcy in 2010 and owe NO ONE. All their debts were taken care of and her funeral/burial expenses were paid by her life insurance. How they got my name and number is beyond me.
- Caller: Simm Associates
- Call type: Debt collector
- burkco replies to Jackie| 1 replyHello,
Thank you for the information.
My mother co-signed student loans for my sons. When she died in 2011, the lawyer asked me about those debts, I told him that they were loans for my sons and it was my sons' responsiblity to pay. However, I now know that wasn't correct and the attorney says he has no notes about those loans (although they were on Mom's credit report) and the estate was closed after two years.
Now SIMM is contacting me about these loans, I told them my boys have no assets, but they are making monthly payments, The person that called me said that was indeed true, but they want the whole amount now, I told them my boys have no way to pay them in full and would not be able to secure a loan as they have no assets. I referred them to the attorney and they called me back and said the estate was closed. In Florida, you have two years to make a claim against an estate. So the attorney doesn't want to talk about it and I don't know if there will be recourse against me or my sons. Do you know who I can speak to about this?
Any help would be appreciated.
Are they going to harass my sons now? If they are making - fran| 1 replyThey called looking for information on an old tenant of mine(over five years ago). They will not gve me any information other than the tenants' name. I also am on the do not call list and they should not be calling me.
- Caller: Simms
- cathy replies to HelperMy father inlaw had a credit card in his name only, upon his death the creditor turned the debt over to their credit department and is trying to collect from mother inlaw. Bank told her that she is not responsible for his debt and she lives in WA.
- lolo replies to burkcoSame thing happening here. My mom consigned for student loan for sister.it's been nine years since mom passed. They are calling me looking for excellence. Of estate my sister has payment auto debit from acc
HAS NEVER MISSED PAYMENT ..I am only guessing that this is why they are calling me.they won't tell me anything cause I am not the ex of estate. So why are they calling me and how did they get my mane and cell number - edThere is one way to keep from talking to these people. QUIT ANSWERING THE PHONE. That's why we have voice mail, answering machines, and the like. We can screen calls. I realize that a lot of folks just can NOT let a ringing phone go unanswered, but that's the best way to get them to stop calling. If you answer the phone, you have confirmed they have the right number, unless you tell them otherwise.
- Caller: Simms
- Call type: Debt collector
- ed replies to franI had a company call me a month ago, looking for a tenant I had 10 years ago, in another city. I didn't even remember her, until I hung up the phone. What a bunch of idiots.
- geezerAre they a legal firm can they harnes . You and get away with it
- Caller: simms associate
- geezer oneGot a phpne from lisa lee sevetsl times you almost cost me my job went to the local authorities
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