debt collectors for deceased brother

by Mary
(Duncan, OK., USA)

How can my mother stop debt collectors from calling regarding my deceased brother?

Comments for debt collectors for deceased brother

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Apr 26, 2010
Debt collectors calling about debts of the deceased
by: Mary

Thanks for submitting your debt collection question on our Q&A page.

So sorry about the loss of your brother. Unfortunately, the problem your Mother is having with debt collectors is all too common. However, unless your mother co-signed for any of the debts your brother owed when he died, she is not legally liable to pay them.

The federal Fair Debt Collection Protection Act prohibits a debt collector from continuing to contact a consumer about a debt after the consumer lets the collector know that he or she no longer wants to be contacted. The best way for your Mother to do that is for her to send each collector a letter telling the collector to stop contacting her about your brother's debt. She should make a copy of each letter and send each letter certified mail, with a return receipt requested so she has proof that it was received. Here is an example of the kind of letter she should write: cease and desist letter

If any of the debt collectors she sends a letter to continue contacting her, they've broken the law and she should get in touch with a local consumer law attorney with experience in debt collection cases. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

I would also suggest that she download a copy of our Free Debt Collection Worksheet and keep it by her phone. Then, if a debt collector calls after receiving her letter, she can use the worksheet to record the day and time of the call and what the collector told her. If she contacts an attorney and the attorney recommends filing a lawsuit against a debt collector the information on the worksheet could be invaluable to her case. In addition, I recommend that she read the first chapter of Debt Collection Answers online for free. The chapter will provide her with an overview of her rights when she is dealing with debt collectors.

Please share what happens with your situation in the comments section for this question. We are very interested in hearing how this turns out for you, and your experience can help others who are struggling with debt collectors.

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