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About Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

You are here: Experts > Business > Corporate Law > Collections Law > collection against Estate

Collections Law - collection against Estate

Expert: Regan Shinski - 11/3/2009

Question
A credit collector filed claim against my mother-in-laws estate in Ga.. We sent a Cert. letter asking them to validate acct info..
They responded with a letter offering 50% off with no validation with in 30 days.
Should I talk to judge about releasing the claim or send a letter pointing out that they are in violation by attempting to collect without validating and ask them to release account?

Answer
You can. Is it a legitimate claim? I mean do you think it is actually owed? If it is, you run the risk of the collector playing hardball and it becomes a bit of a game of chicken. They usually blink, but not always. Can they claim they sent the validation to your mother-in-law a long time ago? They could drop the 50% offer. Are you prepared for an all or nothing court date? I'm not saying not to, just asking if the small chance of them winning a 100% claim is ok with you.

You can fight it. Writing the court, sending them a letter pointing out their possible FDCPA violation, or re-entering negotiations are all options. You are actually hurt a little because it is in an estate. This is not meant to sound callous, just how the law looks at it, but since the debtor has passed away she doesn't have as much in damages. For example, a living person would likely have their credit damaged, suffered improper collection techniques, and related things. So the only thing you MAY have legally is the failure to validate after the death. Failure to validate after the initial 30 days is traditionally a weaker FDCPA violation and it's compounded by being in an estate.

On the other hand, I am REALLY suspicious of them offering 50% with them specifically saying no validation. That's why I asked if you think this is a legitimate claim. Could it be fraud? Awfully brazen, but not unheard of. More likely, I wonder if they don't have any supporting documents. If you fight it, they would likely have to prove the debt. An original signature, application, receipts, etc. Then you could argue the amount at that point. If they don't have proper supporting documents it could be dismissed entirely.

I cannot tell you if you should fight this with the court/judge. That decision is up to you but I hope this information helps you at least see some options and possible ramifications.

Good luck,
Regan
mbscompany@aim.com

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