Posts Tagged ‘moral obligation’

Collecting from the dead – Know your rights

March 9th, 2009

With the country stressed out from this looming credit crisis it seems the collection industry has found a new object of their affection. Dead people.

Most of us still among the living are having a tough time paying our bills and collection agencies know it. They are having to work harder than ever to get a penny from a debtor.

While most of us cant even pay our necessities, we no doubt will ignore accounts that have gone into collections. The money simply isn’t there but the collectors think that we’re likely to pay a dead relatives bills because of guilt and what we feel is a moral obligation to honor the deceased’ debts.

Trouble is, on average, you are not liable for these debts and don’t have to pay them but you wont hear that from the collection agencies unless you ask. The collectors are banking on your feeling of moral obligation not to have the deceased look like a deadbeat, no pun intended.

Laws vary from state to state but generally if there is no estate to pay the debts then it’s not a relatives responsibility to do so. If a spouse has died however and you had joint debts, you may need to pay up, but getting the facts is a must before you fork over a penny.

According to the New York Times, collectors are zeroing in on the rest of us for these deceased debts and you will not be told up front that you don’t have to pay it unless you ask. Many of the agencies are even training their collectors to be the soft gentle support system on the other end of the phone but don’t be fooled. They are playing a part to get your money.

Before you pay a dime or even indulge in communication with the collection agencies make sure first that you have a legal obligation to the debt. Don’t pay it because you feel like its the right thing to do. Trust me, dead people could care less if Sears gets paid.

Simply pay attention to who the debt was for. If you didn’t cosign or are the spouse then chances are it isn’t your problem. If there is an estate then let the collector do his job by filing claims to be paid. Don’t give them any of your money.

The most important thing is to not feel guilty. The collector will work you because they know good honest people want to do the right thing. Usually the only time I would consider paying a debt that isn’t mine is if it were a family friend we owed money to or perhaps a family doctor who has really cared for your loved one. Anything else like Discover, Sears, – who cares. They’ve reamed us all enough as it is.

If the debt is secured and you want to hold onto the property, chances are you are already paying that bill if you want to keep the merchandise (car, boat, home etc).

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