Legal Question in Credit and Debt Law in New York

Re: collection

My condolences for your loss. The collection agency seeks to recover the money owed from the estate of the deceased. Since you have said the estate is 'empty', there is nothing for them to collect. The debts can only be colected from the estate. People do not 'inherit' debts. The collection agency cannot collect from any member of the deceased's family. In practice, credit card companies have a department that handles the unpaid balance of a deceased customer. Talk to the credit card company and get the account transferred to that department. You are welcome to a consultation at no charge at my office at 42 west 44th st., ny,ny. please call for an appointment first - 646-591-5786.

Re: collection

My condolences for your loss. As long as your sister did not sign any personal guarantee, the debts can only be colected from the estate. The collection agency seeks to recover the money owed from your moms estate. Since you have said the estate is empty, there is nothing for them to collect. The collection agency cannot collect from any member of the deceased's family. In practice, credit card companies have a department that handles the unpaid balance of a deceased customer. Talk to the credit card company and get the account transferred to that department.

Re: collection

THe daughter is not liable. SHe simply has to ignore the calls and letters as long as they are addressed to her mother. If the letters are addressed to the daughter NAMING THE DAUGHTER AS THE DEBTOR the daughter should send a certified letter to the collection agency with a copy of the death certificate of the mother and warn the agency that future improper demands would render them liable for damages. THey should go away.