I returned a call from a collection agency on the answering machine. I told the woman who answered why I was calling. She said that she knew that mom had passed away but that she could not talk to me about why they calling because of privacy reasons. She said that in order to talk to me I had to send them the paperwork that showed that I am the Exucator/Trustee of the Family Trust. This seems backwards to me. I want to see a valid invoice and or bill that has not been paid so that I can validate the payment. I want to see that said bill has been submitted to insurance already and now has a balance due. Over the past 3 years we cleared all of mom's bills that were outstanding and nothing has come in the mail except medical bills, property tax bills, water and electric bills, all that were paid and up to date. Am I missing something here? Do I have it right to ask for a copy of what they are calling about?
1. Was an obituary published that identified relatives? Anything else that would have been public and searchable on any kind of data base? I doubt it but it's posssible they might also have been searching funeral home websites for obituary and funeral listings. If she died in a larger town, that would be cumbersome, but in a small town it would be easier.
2. Have any Probate documents been filed, and if so, are you listed?
3. There are various Internet sites purporting to link people who are related. Some are accurate; others are not.
One linked my mother to my sister's address; there was only one medical professional who contacted my mother at my sister's address. So somehow, there was either a breach of information or someone had access to medical records.
Was this a medical debt?
4. Did you alert whoever's handling your SIL's estate, if any?
What surprises me that is that your SIL has only just recently died. Someone is very aggressive about collecting a debt. This is VERY eggregious and offensive.
5. You have no obligation to talk to a debt collector or provide any information.
I'd be tempted to make a smart aleck remark, such as telling them to contact St. Peter but I don't have the number to the Pearly Gates.
Search on John Oliver Forgives Medical Debt for the story. He's got a bit of a mouth on him (it's a Rolling Stone article, after all), but seriously, this guy is pretty awesome, and he does a great job of explaining exactly how these scum debt buyers work!
put all of the side rails up was enough of acknowledgement that confirmed their fault. They found mom on the floor the next time they check in on her, she had hit her head! They accepted a copy of her death certificate which stated TTP as her cause of death.
The illegitimate collectors - the ones that are trying to collect something that they have no business attempting - those are the ones I'd do that to. I have no problem with legitimate collectors trying to do their jobs, and I'll pay whatever bill I owe - but when they try to collect on something I don't owe, because it's been paid off - or because it's not even my debt (like Mom's medical bills, which Medicaid is supposed to be paying) - that's when I get nasty.
Do your due diligence. Demand validation of the debt in writing. Don't pay anything on it or make any agreements to pay by phone until you know 100% the debt is valid.
Never confirm the debt!
After all your hard work, the collection agency will just bundle it up and sell it en masse` to the next collection agency.
You don't need the stress.
Sorry for your loss, and for the added stress of these calls.
You're very responsible in attempting to address the debt through a phone call, but these people are often aggressive, and their actions border on being illegal because they don't comply with the Fair Debt Collection Practices act.
I've found that they distort conversations, and that saying anything to them just gives them a reason to think that harassing someone will produce results.
So don't talk to them on the phone again. Let them send a letter to your mother. I'm assuming you've had her mail forwarded to you, so you'll get any debt collection letter they send.
You can also demand a copy of a judgment if any was entered when you respond to the 30 day letter, which also would include an assertion on their part that the debt will be assumed to be valid if not challenged in writing w/I 30 days. (Send your response by certified mail so you have a receipt.)
What I would do also is to state the validity of the debt hasn't been established, that no documentation has been provided by the collection agency, and unless/until it does, it will be considered an invalid debt.
I'd have to check the statute again to be sure, but it's my recollection that once you challenge the debt, the agency can't harass you. Not all agencies comply with that provision though.
I wouldn't send them ANY paperwork or documentation on your status until they send you a copy of the alleged invoice/statement, etc.