After probate is closed can a debt collector file a claim?

score 1 · Answer 2

Just want to add to my response, anyone can sue but it doesn't mean they will win. Just a headache for you. And it would have to be a large amount for a collection agency to sue. Sle is giving good advice, if these people were legit, they would out in a claim against the estate. I was under the impression that once probate was closed, no one could put a claim against the estate.

Please update us on how things go.

I too would like to know

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score 0 · Answer 3

Follow attorney instructions, do not respond to them.in any way.

score 0 · Answer 4

Sounds like a scam. Ask them if they have complied with all of the FCRA and to send you any contract signed between the parties promising THEM anything. Ask for an itemized bill for any charge. Mostly if it's a bs claim and better yet, if you haven't heard from them, leave it be. I had one a company claiming to work for a bank filed a small claims suit. I sued them back plus my fees, etc and they apologized quickly and it disappeared. The UCC Title 3 covers all of this.

score 2 · Answer 5

DarkMatter: This isn't the first time that this collection agency has been mentioned on AgingCare. Do NOT call this agency again since you have already provided the information that the debt isn't legitimate.

score 4 · Answer 6

For every person telling you to contact them again. NO!!!!!!

She has already sent them proof that the debt wasn't valid, she is not obligated to provide them with a deadline, that is on them.

Her attorney has told her to stop calling them, only use certified mail, doesn't mean that she should continue to make the effort when hers was the last contact, months ago.

Creditors screw themselves by not making a claim against the estate, it is the avenue provided to them, by law, to collect any valid, outstanding debts of the deceased person. That's it, if they don't do that, they don't get paid, period.

Ask yourselves, would a legitimate creditor NOT file a claim against the estate? No, a legitimate creditor WOULD do everything within their rights to get paid. Think about it and don't get trapped into a pissing match with a scam artist collection agency.

OP, please listen to your attorneys paid advice and close probate. You aren't responsible for any debt that wasn't handled through the avenue provided for the creditors.

Helpful Answer (4)

score 0 · Answer 7

Send a certified letter that is also notarized. Let them know that probate will be closed and no further funds will be distributed by ________ date. Any claims must be filed by _________ date so investigation of legitimacy of claim may be researched for validity. That should be the end of it.

score 2 · Answer 8

Check with your state Attorney General's office for legal debt collection rules; some debt collectors use shady methods and some rules are changing. Protect yourself; you are not to be harassed, so arm yourself with legal facts. All the best.

score 0 · Answer 9

I would simply ignore it after all you have done and if they keep up, turn it over to an attorney to threaten them or at least scare them. End of story.

score 1 · Answer 10

I had this happen with a hospital debt (unfounded) when I was executor for my sister. Attorney contacted them, after my repeated phone calls failed. They stopped

score 2 · Answer 11

Have the attorney send them a letter on his letterhead by certified mail.

score 4 · Answer 12

No clue if this is the same Phillips and Cohen, but an interesting read nonetheless

https://www.agrusslawfirm.com/blog/phillips-cohen-associates/

That a law firm has a whole page on these jokers speaks volumes.

Listen to your attorney.

Helpful Answer (4)

score 0 · Answer 13

You have a Lawyer and you've done what he said so don't worry about it.

score 0 · Answer 14

I would be concerned it may be a scam artist who saw the obituary. I try to would verify such a company even exists. Bottom line, as several have mentioned… follow your attorney’s advice.

I would think her attorney could send these people an Estoppel and a bill for harassing this prrson. Plus the attorneys time... Paying an attorney to tell her not to call someone? I don't know but I would find another. What do you think?

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score 1 · Answer 15

https://www.debt.org/advice/deceased-relatives/

Nice summary

score 10 · Answer 16

1. The probate attorney has told you NOT to call them.
Follow atty advice. Do not contact them.

2. It is NOT your debt. It is not your probate. It is probate on a deceased individuals estate and the assets of and the claims (debts) filed against estate in probate. Whatever system probate uses for your state is what matters. Like if your state runs on the required Notice to Creditors placed in a newspaper system… then creditors have to go by this in order for a claim to be filed with supporting documentation or the claim gets time-barred. Once it’s time barred and you can show the Notice and / or a certified mailing to a creditor as to the Notice & where to file a claim, and they did not get paperwork filed at the courthouse in time, it’s too bad so sad.

Apparently Phillip & Cohen is a law firm that specializes in”deceased account management”. Google them….. it’s a litany of complaints of harassment, never ending phone calls & letters. Do NOT ever speak with them. Should you say anything that could be used as your accepting responsibility on the debt that actually is that of the estate, they will do whatever to hound you to pay as “you agreed”. As long as you did not do this, they can pound sand…. it’s empty threats.

Google Phillip & Cohen, there should be link to Agruss Law Firm that describes what P&C does and how they (Arguss) have successfully sued P&C for violations of Fair Credit Reporting Act.

Helpful Answer (10)

score 1 · Answer 17

Read the Fair Debt Collections Practices Act.

This is a summary of it, as well as the debtor's rights and the creditor's restrictions:

https://www.consumerfinance.gov/ask-cfpb/are-there-laws-that-limit-what-debt-collectors-can-say-or-do-en-329/

score 3 · Answer 18

Most important -- DO NOT PAY ONE DIME to these people. It affirms the debt and is an acknowledgement of the legitimacy of it.

Listen to the attorney. Stop all contact with them, and ask the attorney to draft a letter telling them that they are required by law to cease all contact once you have told them the claim is not valid.

Helpful Answer (3)

score 4 · Answer 19

once u send another payment this is reopening ur account so do not pay anything to them

Helpful Answer (4)

score 0 · Answer 20

check ur credit report. if this is so it would show. if u did pay send a copy to all credit bureaus and resend paid to them as well and ask them to please remove it.

The person has died, so credit report doesn't mean a thing.

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score 3 · Answer 21

it's all a bunch of hogwash. they have nothing and they know it. Don't let them stress u. ur lawyer should be handling the situation that's y ur paying him. if u do try to communicate with them get names, dates, time and ... do not give any information. like ur lawyer says send everything certified. so if u have to go to court u will have proof u contacted them and they never responded. don't worry they cannot open anything they do not have. In fact, that kind of happened to me its like a scam. a company called and said i had an acct. trying to threaten me. I said, send proof they never did. u know y? right. bc they did not have anything that's y.

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score 1 · Answer 22

Sounds like this bill has passed on to bill collectors, who likely paid pennies on the dollar to try to get the paper and collect SOMETHING. Dependent on the AMOUNT of this bill they will do what they will do. If we are talking 1,000s of dollars they may file against the estate. If we are talking one or two thousand it is very unlikely.
IF they file in court they will have to present all details of the bill, what it is for, what dates, what was done, what supplies, what the cost was. It is unlikely they will go through all of that.
If you have had the estate open for at least a year and have attempted to deal with them for a year then you are likely safe to close the estate given they have given you no proof of their claim. I agree with your lawyer not to call them. You establish a relationship then that can be more tricky.
IF you close the estate and a judgement against that estate is won then those who inherited from the estate may still be liable to pay a bill if the persons holding the paper go to court.
Quite honestly you should follow the recommendation of your lawyer. This question needs to be put to him or to her.
I agree with JoAnn that there are many estates scams out there who look for notifications filings and then try this nonsense.
Follow the advice of your Lawyer. And remember that you don't want to close the estate until taxes are filed, in any case (individual deceased and estate). It is not a problem to keep it open. There is no need to close it unless some time has passed.
If you communicate with this likely collection firm again just repeat what you said in first case, that you need a DETAILED billing for what services were rendered and when. These are your papers for going to court, where the estate will pay costs if need be.
You don't mention size of estate, but that makes a difference, too, so just take the advice of your lawyer.

They have to provide all of this proof if you request it. Doesn't have to get to probate for that to occur.

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score 0 · Answer 23

There are scams out there, this is probably one of them. Not sure that placing an Ad in the paper is still done. I didn't have to do it, but they used to have where you had to place a notice of the death in the newspaper with the Executors info. With scams, this may have stopped.

Your lawyer has told you not to deal with them by phone. He is also the one to ask, since these people have not returned your calls or submitted any proof, if you can now close probate.

IMO, they had a certain time to prove this debt. Because of probate it was time sensitive to get that info to you. If lawyer says close probate, do it. I am pretty sure that once probate is closed and estate distributed, neither u or the estate can be sued. In my State you can close Probate after 8 months. Long enough for any debts to show up. Its up to this company to prove the debt.

I was a collector for a company. When trying to collect from a customer, I sent them all the information I had on that debt at the time I requested the money. PODs, contracts they signed, etc.

Those collection agencies that buy debt, do not have the backup info on that debt. They just have an amount. You need to contact the company you originally dealt with to get the invoice or statement showing what you owe. If you find that you paid, you then send that invoice/statement to the collection agency with proof of payment. Then its back in their court to prove you wrong.

score 1 · Answer 24

If you have provided proof that the debt is fraudulent, close probate.

If you haven't heard from them in months, then they are acknowledging that your paperwork is proof that it isn't a collectable debt.

Ask your attorney if your state has a law that states, no response within 30 days of written communication is agreement that you agree with what was in the letter. Arizona does.

Who would they file a claim against? Please listen to your attorney, you could be creating problems for yourself by not following their paid advice.

score 3 · Answer 25

It's NOT YOUR debt. It is the estate's debt.

Your lawyer has told you what to do. Stop calling them.

If you google Phillips and Cohen you will see that they are a debt collection firm and don't appear to answer their phones. As your lawyer advised, all correspondence should be in writing.

It isn't YOUR debt.

Helpful Answer (3)

score 2 · Answer 26

Debtors have up to one year from date of death to collect on the estate.

score 2 · Answer 27

Block the numbers. File a complaint and Report to the Federal Communications Corp.

https://consumercomplaints.fcc.gov/hc/en-us

score 1 · Answer 28

DItto to what AnnReid suggested. Most debt collectors purchase a creditor's debt for a fraction of what was owed and then they go about intimidating the debtor into paying.