Form Letter to Debt Collectors of Deceased Parent From Children
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Date Name of Collection Agency Street Address City, State, and Zip RE: Account Number Debtorís Name Name of Original Creditor
To Whom It May Concern:
A representative of your company recently contacted me regarding the above-referenced account. This letter shall serve as notice that I am not the responsible party on this debt and that you have contacted me in error.
The debtor named on this account is deceased. Enclosed please find a copy of the decedentís death certificate.
Optional: In accordance with the Fair Debt Collection Practices Act or FDCPA, I am requesting you provide me validation of your collections claim against me, including but not limited to, photocopies of all invoices, billing statements, charge slips, contracts, loan documents or other written documents on which you are basing your collections claim against me.
Pursuant to the FDCPA, I am requesting that you stop contacting me regarding the above-referenced account. Thank you for your prompt attention to this matter.
Your Name Your Street Address City, State, and Zip
How to Write a Letter to Debt Collectors
If a debt collector is harassing you about your deceased parentís debts and you do not think you are responsible, you may want to write a letter to stop the collections calls. Here are step by step instructions on how to send a letter to a debt collector who is pursuing a claim against you personally when that claim should be directed to the executor, personal representative or administrator of your parent's estate:
1. Your letter should include the following information so the collections agency can identify the account: a. any reference, claim or account number associated with the debt; b. the original creditorís company name; and c. the debtor's name on the delinquent account.
2. Explain in the letter that your parent is deceased and you are not responsible for the debt.
3. Enclose a copy of your parentís death certificate.
4. State in the letter that pursuant to the Fair Debt Collection Practices Act, you do not want the debt collector to contact you again.
5. If you want validation of the debt, you can include a statement in the letter asking the debt collector to mail you written verification of the debt and all supporting documentation of their claim. If the debt collector has alleged you are responsible for the debt based on your position as agent under a financial power of attorney or as an heir to the decedentís estate, you may also request a copy of any language regarding heirs, assignees, or powers of attorney in the documentation on which the debt collector is basing its claim.
6. Make a photocopy of the letter for your records.
7. Send the letter via certified mail, return receipt requested.
Sending a properly drafted letter to a debt collector demanding that they stop contacting you about your deceased parents debts is usually effective in getting them to stop frequent collections phone calls, including calls to your workplace. If you are not responsible for the debt, sending this type of letter is often effective in getting them to stop pursuing you for the debt. However, the debt collector may still contact you in writing to notify you of an action they are taking, such as a lawsuit against you, or to send you validation of the debt. For more information on the different types of debts that may be owed by a deceased person's estate, refer to our page on Debts of Deceased. A free form letter to send to debt collectors is shown below.
Protect Yourself from Unscrupulous Debt Collectors
If you have ever been harassed by debt collectors, you know their threats and unscrupulous tactics can literally ruin your life. Even when you have no liability for the debt, just receiving a call from a collections agency can cause tremendous stress and anxiety. The way to fight back is to arm yourself with knowledge. By learning your legal rights and taking steps to fight the harassment, you can stop living in fear of debt collectors.
Fight Back Against Unfair Debt Collection Practices: Know Your Rights and Protect Yourself from Threats, Lies, and Intimidation explains what this shakedown industry is all about. It provides the strategies you need to: stop collections calls, get information about the debt collector, negotiate a debt settlement, and use the law to your advantage. Loaded with information about how debt collectors operate, this valuable book will help you deal with harassing calls and letters without feeling helpless.
When dealing with debt collectors, knowledge is power. You can let them intimidate you with lies and scare tactics, or you can get motivated and start protecting your money and your credit. Donít go it alone. Fight Back Against Unfair Debt Collection Practices: Know Your Rights and Protect Yourself from Threats, Lies, and Intimidation is available in Kindle, audio, and paperback.