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Can a collection agency go after a deceased person?

Writer Mia Lopez

A collection agency holding an assigned debt from a client has the right, as do other creditors, to file a claim against the estate of the deceased. The probate court handles the matter, either on the basis of a will or by the laws of the state if the debtor died “intestate” (without a will).

What do debt collectors do when someone dies?

A collector can contact you to try and locate the executor or administrator of the estate, but they should not discuss or mention the debt to you. If you are the executor or administrator of the deceased person’s estate, collectors can contact you to discuss the deceased person’s debts.

What happens when you pay a debt collector?

If the debt collection was standing between you and a major loan, you can finally move forward in the process. Breathe a sigh of relief, but don’t erase the memory of the debt collection just yet. Sending payment to a collection agency isn’t the end of your relationship with that debt collector.

When do debt collectors stop calling a deceased person?

Once a debt collector has located the person acting as personal representative, executor or something similar, they must stop calling anyone else. Again, just because someone is named personal representative or executor, that does not make them personally responsible for the deceased persons debts.

When does a debt collection go off your credit report?

Don’t worry. The debt collection won’t be listed on your credit report for longer just because you paid it. The credit reporting time limit is based on the date of delinquency on your account – which is the same date even after you make payment. The collection will fall off your credit report after seven years whether you pay it or not. 5 

What happens to debt after a loved one dies?

If you are not directly connected to the debt, there is no reason a collection agency should be contacting you. Unfortunately, it has become standard practice for debt collectors to find relatives of the deceased in an attempt to coerce or intimidate them into paying their loved one’s debt.