A disturbing aspect of unfair and improper debt collection by collection agencies relates to attempts by debt collectors to collect funds from the spouses and other family members of their deceased relatives. This is a particular problem in North Carolina due to its desirable status for retirees and semi-retirees. Between 2010 and 2030, North Carolina’s 65+ population is projected to increase by over 400,000 persons per decade. By 2030, the population may reach 2.14 million, or about 18% of the state total.
If you are a spouse or relative contacted by a debt collector or collection agency regarding your deceased relative’s debt, contact the unfair debt collection litigation attorneys of Maginnis Howard. Our firm can also assist if a relative’s debt is appearing on your credit report. We handle debt collection matters relating to the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the North Carolina Debt Collection Act, and the North Carolina Collection Agency Act.
Debt After Death
When someone dies, their debts typically die with them or are the responsibility of their estate. Debt among our elders has increased significantly as real estate property values fall and decedents frequently do not have the funds to pay off any debts that existed at the time of death. Without a co-sign or a personal guarantee to obligate them, surviving family members will typically not be responsible for their deceased relative’s debt.
Despite their awareness of this fact, debt collectors and collection agencies frequently attempt to target relatives to convince them to pay the debts “owed.” They often rely on an attempt to convince relatives that there is a moral obligation to pay or simply harass them with repeated phone calls and letters until family members are willing to pay the collection agency funds to go away and cease reminders of their loved one’s passing.
Debt Collection Laws
In addition to federal laws, state law favors individuals harassed by collection agencies or companies seeking to collect debt. Unfair debt collection attorneys can not only assist with stopping the calls and letters or removing matters that were improperly placed on credit reports, but they can also secure compensation for the individual who has been harassed.
Maginnis Howard handles cases across the Carolinas from our Charlotte, Raleigh, and Fayetteville offices. Our civil attorneys are often willing to accept these cases on a contingency basis. That means you don’t owe an attorneys fees until we achieve a positive resolution with the creditor. If you have received letters or calls from a creditor regarding a deceased relative’s debt, contact us at (919) 526-0450. We offer free consultations regarding your debt collection rights as a debtor. You can also submit a new case inquiry here.
