Legal Question in Credit and Debt Law in Georgia

Send them the following letter, via certified mail, return receipt (keep a copy).

"My mother is dead and left no assets and no estate. You have, in violation of the Federal Fair Debt Collections Act, been calling and contacting me, attempting to compel me to pay her debt. You are directed to cease and desist all written, verbal and other contact with me. Should you continue to violate the law, I can and will hire a lawyer to sue you for statuatory and punitive damages."

Include her account number, your name and her name in the letter. Send it to the creditor and the collection agency.

If the collector contacts you again, document the contact, and call a lawyer., You may be collecting money from them. Do not talk to them at all.

I would agree with what Attorney Ashman said. There is no reason why a collection agency should be calling you. I am not entirely clear on the FDCPA's applicability here, but the collection agency should not be calling you for your deceased mother's debt. You are not responsible. I would add to Attorney Ashman's letter that your mother's estate was not probated as your mother left no assets and probate was not justified (Attorney Ashman said much the same thing, but I would make it clear why this was not probated). I would also explain that you are not liable for your mother's credit card debts (if the cards were only in her name, then you are not liable; nor does you just being an authorized user make you liable. Its only where you are either a joing card holder or where you actually used the card to make purchases that you might be liable).

For a reasonable fee, I will be happy to send the letters out for you. Please contact me at [email protected] if you are interested.