Losing a loved-one is among the most unpleasant moments in one’s life. Sadly, many debt collectors prey on grieving families. But there is something far worse than that. Yes, it is the time of your life when you get more phone calls than the usual as people who care would call to offer you comfort. Unfortunately, there are phone calls that come intended at the time when people are most vulnerable, just days after a spouse or other family member has died. But the callers are neither friends expressing their condolences nor funeral home staffers; they’re bogus bill collectors.
Why they call at such unhappy time? Simple, they are specifically targeting people when they’re not in their best decision-making capacity. Scam artists target grieving families is becoming prevalent nowadays. The reason for such is that people who’ve lost a loved one might be too exhausted or distraught to exercise caution. When presented with an idea of huge debt and what the consequences might be in for them, bereaved families may be in a rush to settle the matter, and be more likely to let their guard down.
Therefore, if a loved one dies and someone contacts you claiming to represent a creditor and demanding money, here are a few concrete pieces of advice.
First, don’t send any money, at least not unless you’ve established beyond a shadow of a doubt that you’re responsible for the debt. Next, don’t assume the creditor is telling the whole truth. Ask to see in writing what the original debt was for, what party or company holds the debt, and what the exact amount is. Having an estate lawyer on your side is always a good idea, since they can go to bat on your behalf and deal with the more aggressive creditors.

To protect yourself against these types of scam:
• Know your obligation. Unless a family member is a cosigner, they’re not responsible for the deceased’s debt and under no obligation to repay it. That, you shold keep in mind.
• Know the procedure. If you cosigned for a loan or a credit card with a balance, it is legal—if unethical—for legitimate collection agencies to contact you after the borrower’s death. Bill collectors should go through the executor or probate court to attempt to collect a debt owed by the deceased. Never provide personal information such as social security numbers, credit card numbers, bank account numbers, etc., to anyone calling on the telephone, via the Internet or through unsolicited mail.
• Get the facts. If curiosity gets the best of you, require the collection agency to furnish proof of the debt. Have the agency put in writing who is owed, how much, for what reason, when the debt was acquired and why you are being contacted.
• Do an identity check. When contacted by a bill collector—for your debts or those of a deceased loved one—check the company’s authenticity by contacting the proper agencies. If things don’t add up, notify your state attorney general’s office.
I found an informative report prepared by the New York State Association of Chiefs of Police and the New York State Funeral Directors Association to help those who are in their grieving stage on better protecting themselves from crimes during their time of grief, you might find it helpful.
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I’ve pursued a number of scams myself and mostly come out ahead. Rule is never spend more than you can loose.
Comment by Len Middleton — February 18, 2011 @ 7:38 am