I have a debt collector trying to collect on a lease my father had when he passed. I got a letter from them saying i can dispute this debt if i notify them in writing.
Can I type up a dispute letter with the lease and a copy of his death certificate highlighting why this debt is not real?
Is it normal for a lease to be sent to collections after someone passes? It was a 5 year lease he was 1 year into the lease when he passed they are trying to collect on the 4 years left on the lease.
The lease states that upon death you return the wheelchair van and it ends the lease and you don't have to pay anything so i am not sure why they are trying to collect 4 years of payments.
Is it okay to send copies of everything to the collector and just sign my name and mail it to them?
I am still in probate and can close it soon. The commissioner of accounts or whoever over sees probate says no one has filed a claim on the estate.
Is this normal?
TY for the help!
Tell them how the lease reads. Tell them van was returned. Ask if qqthey need a copy of the Death certificate. If so, ask if a copy is enough. A copy can be emailed. If they want an original, send it certified mail. That way u get a tracking number and that it was delivered.
Once a person dies a contract is null and void. You followed thru by returning the vehicle. You owe them nothing. If collection agency calls, tell them u have spoken to the Company and provided proof of Dads passing, returned Van which voids the lease. They are now to deal with the Company and not to call you again. Your father owes nothing.
By the way, you don't seem to be the only one with a contract problem on this forum.
https://www.agingcare.com/questions/trying-to-finish-probate-but-have-disputes-father-was-taken-advantage-of-470755.htm?orderby=newest\
Please do not contact the debt collector w/o reading the synopsis of rights and how to proceed in a disputed attempted debt collection.
Also, could you explain why "why this dept is not real"? Are you thinking that the lease is no longer valid? If so, are there any provisions in the lease addressing what happens when the person who leased the equipment dies?
(I have more suggestions to offer but can't until tomorrow.)
JoAnn, I've noticed in a number of contracts I've seen in the last few years that there ARE clauses binding the heirs of the initial lessee (standard terminology for someone who leases something). I've wondered if these clauses are enforceable, as they create binding obligations for individuals who aren't even parties to the lease, but I haven't spent the time to check for case law decisions.
The dept is not real because they are trying to collect on 4 years of a lease for a van that was returned months ago.
I don't understand why they think they can collect for the 4 years left on the lease for a van that was returned to the company.
This is sorta my fault as i closed out dads checking account where the money was auto dept from.
As to your other comments:
"I don't understand why they think they can collect for the 4 years left on the lease for a van that was returned to the company."
Debt collectors will try if they can, relying on a customer's either lack of legal knowledge, fear, or other aspects which debt collectors can exploit. That's one reason why everyone facing debt collection needs to learn and understand his/her rights under the Fair Debt Collection Practices Act.
"This is sorta my fault as i closed out dads checking account where the money was auto dept from."
This is NOT your fault; closing the checking account (assumedly) after legitimate and documented debts are paid is standard. Nor are you at fault for one company's possibly illegal, predatory, and certainly unsettling actions.
Finish closing probate and and communication sent gets sent back with deceased across the envelope.
They are fishing for information and every single time you speak with them they glean a bit more. Stop dealing with them, you have the contract that states death ends the lease. Let them take it to court. They won't because they are predatory collectors.
Unfortunately, scumbags aren't guided by morals.
Send the dispute letter. Send a copy of the lease with the part saying upon death and return of the Van highlighted, the proof you returned it and the death certificate. I would write
Re: (Dads name and acct# of the lease)
I am disputing the claim on the balance of a lease my deceased father entered into. Please find a copy of the lease showing its voided upon death and return of the vehicle. Also enclosed find a copy of proof the Van was returned and a copy of my father's, (his name) death certificate. This should be enough information to satisfy you that the lease, per your contract, is now voided.
I have a feeling that the dealer never contacted the leasing company that the Van was returned. Maybe even that Dad passed. Someone hasn't done their job. It may be a collection clerk at the leasing company is trying to get the balance written off in some way. Either to get the balanced paid or for you to send proof so the debt can be taken off the books. Also, this is probably a form letter. Someone is sitting there with a delinquent acct printout just writing letters and mailing them.
In my opinion, its not owed. If u have a lawyer doing probate, run it by him. I just think u need to send proof. Once you send proof, its in the leasing companies ballpark to prove otherwise. Don't see them doing anything since the contract reads that death and the car returned voids the contract.
The guy doing my probate says no claims have been filled and i can close probate.
Not sure how long they have to file a claim against an estate?
Maybe they know this would never hold up and it's just a way to grab some money.
Thanks for the help, it makes a big difference.
I would also call them and mail it certified
I am not a attorney,
but like with other bills this is also one that can be written off.
Was the Van picked up? Why is this in the hands of a debt collector (they pay pennies on the dollar to try to collect past debts)? Did your father not pay on his lease while living? Did no one report his death and have the van picked up?
You are the executor and you are responsible to arrange that. The lease says, and I quote you:
"The lease states that upon death you return the wheelchair van and it ends the lease and you don't have to pay anything so i am not sure why they are trying to collect 4 years of payments."
This means that you would have to send papers as executor of estate (letters testamentary) and a death certificate (original) at the least as well as a copy of the lease with the above marked in marker pen; send by certified mail and ask to arrange for return of the vehicle. That would be my GUESS, but again, you are handling the closing of an estate. The creditors can file against this estate even AFTER you distribute to the heirs of the estate.
Wishing you good luck going forward. A Trust and Estate attorney will likely only work with you for a few hours; it is well worth, WELL WORTH the 600 or so paid out and that is paid by the estate itself.
Looks like ur Lawyer and I are on the same page. The collection letter says to send proof if you dispute the claim. You have proof. What the lawyer is saying is that no lean has been put on the estate. In my State you can't close Probate for 8 months. This gives creditors time to put in a claim. You returned the Van and told the person Dad passed, right? The info was not given to the people who needed it. Not ur fault. Those people are now trying to get paid, you have proof u abided by their contract. Thats it. Go ahead and close Probate. You have a lawyer backing you up. Even if they continue to try and collect Dad has passed. The Van was returned. It cost a lot of money to take someone to court. If put in a lawyers hands, you just supply him/her the proof and they will probably not pursue it.
Yes, send that letter certified mail. You will get a tracking # where you can get a receipt showing the info was delivered.
What happens if i close it then they file a claim on the estate?
I asked the guy who has to approve of my probate being closed, i didn't get a answer but he said he needed to see proof that county tax, the funeral has been paid and he would approve.