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Collections Law/friend is using deceased moms credit cards
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Question
my Friend has been using her deceased mothers credit cards.. They other borther & sister cannot proceed with probate until the cards are paid off and this sister does not have a job or money to pay off the approximately $15,000 she has wracked up in the 8 months since her moms death.
What are the legal ramifications? How can she avoid going to jail? She has a preteen daughter, no husband & no family close by. What is the best way to settle their mothers estate and not have her go to jail for fraud?
What she did is commit a crime, fraud. There could be jail time involved. The best thing for her to do is to pay the cards back and hope for the best. I doubt this is what you wanted to hear but it is the truth. The family could pay the cards from the proceeds of the estate. The point is, someone is going to have to pay the cards. I hope you have found this helpful.
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Answers by Expert:
Ray A Miller
Expertise
I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.
Experience
I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.
Organizations
ACA International
Education/Credentials
Some college
ACA Certified Collection Specialist
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