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Debt Collectors and Deceased Debt

When a loved one dies, those who are left behind are grief-stricken and vulnerable. All too often, debt collection agencies swoop in like vultures, taking advantage of family members who may not be thinking clearly. When attempting to collect on debts of the deceased, debt collectors may try and obtain payments from those who are not legally responsible for the deceased person’s debt. If you are being harassed by debt collectors over a debt owed by someone who has passed away, it’s important to stand up for your rights – even during your time of grief.

The Federal Trade Commission, which – along with the Consumer Financial Protection Bureau – is responsible for enforcing the Fair Debt Collection Practices Act (FDCPA), issued a policy statement that clarifies which tactics and practices are legal and which cross the line into illegality. Click on one of the topics below to learn more.

What Happens to Debt When You Die? – The estate of the person who passed away is obligated to pay the person’s outstanding debts, but if the person had more debt than assets, the debts generally go unpaid. Learn more about the implications of death on debt collection.

Debt Collectors & Deceased Debt – Debt collectors who collect debt from a deceased person’s estate still have to follow the Fair Debt Collection Practices Act. Learn more about the rules governing deceased debt collection.

If you or someone you know is being harassed by a debt collector regarding a deceased person’s debt, complete our online form or call (855) 301-2100. The Lemberg Law legal team will help you assert your rights, and can likely stop the collection calls once and for all.