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?
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.
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.
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.
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