Collection Efforts Hit a New Low
Paul Kelleher took the time and trouble to clean up his mother’s affairs after she died of cancer at the age of 52. She left behind no estate to speak of, so the task was more one of notification and clean-up than actual administration. But according to TPM Muckraker, Kelleher got a bit of a surprise when he called Bank of America–the bank representative breezily asked him how he planned to take care of his mother’s balance.
Of course, Kelleher wasn’t obligated to pay his mother’s outstanding balance; her estate would have been liable, if she’d had one, but heirs are generally not liable for outstanding debts of the deceased. And, of course, Bank of America knows that…but how many people on the street are sure enough of it to respond, as Kelleher reportedly did, “…you should feel free to just go through the standard probate procedure. I’m certainly not legally obligated to pay for her.”?
Kelleher, fortunately, had enough understanding of the law to make that statement–and to stand strong in the face of the representative’s apparent dismay that he wasn’t going to “help out” his mother.
This is just one of many examples that demonstrate the willingness of collection representatives–both from primary creditors and from collection agencies or debt purchasers–to say whatever seems likely to be most effective in separating you from your money…whether or not you’re legally obligated to pay a debt. Make sure that you understand your rights and obligations before entering into an agreement with a creditor or collection agency.
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March 6th, 2010 at 12:32 pm
[...] it is even possible that the state may claim your estate. Finally, having a will is especially …Collection Efforts Hit a New Low | The LAW & LAWYERS BlogPaul Kelleher took the time and trouble to clean up his mother’s affairs after she died of cancer at [...]