You are generally not responsible for someone else's debt. When someone dies with an unpaid debt, if the debt needs to be paid, it should be paid from any money or property they left behind according to state law.
Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
A shorter answer is that, yes, legally you can transfer a debt (sometimes referred to as an assumption of debt). All you need is for the new debtor to agree to it (but why would they?) and the creditor agrees to it (which they would if the new debtor is a better risk and/or more solvent).
Send a dispute letter to the debt collector
If you believe a debt is not yours, you only have 30 days from receiving the initial contact from the collection agency to send a dispute letter. To assert your right to contest the debt, you must do so in writing.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
It's best to call them, as this is the quickest way to get in touch. Tell them you're not the person named on the notice of enforcement. Explain you'II send evidence to prove this. You should still do this even if the debt belongs to someone you live with - for example your partner or a housemate.
Assume: To take on a responsibility or duty. For example, if someone owes money, another person can assume that debt and take responsibility for paying it. In legal situations, assuming a contract or lease means deciding whether to keep it or end it.
While the law offers protections for family members, it also allows debt collectors to contact family members to discuss obligations. Under the Fair Debt Collection Practices Act (FDCPA), collectors can contact and discuss outstanding debts with the deceased person's: Spouses.
Creditor Rules
Most financial institutions allow other people to pay off your debt, though there may be stipulations.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
In the golden rule, a budget deficit and an increase in public debt is allowed if and only if the public debt is used to finance public investment.
You are not responsible for someone else's debt.
This is often called their estate. If there is no estate, or the estate can't pay, then the debt generally will not be paid. For example, when state law requires the estate to pay survivors first, there may not be any money left over to pay debts.
When a loved one passes away, you'll have a lot to take care of, including their finances. It's important to remember that credit card debt does not automatically go away when someone dies. It must be paid by the estate or the co-signers on the account.
A promissory note is essentially a written promise to pay someone. This type of document is common in financial services and is something you've likely signed in the past if you've taken out any kind of loan. If you decide to lend money to someone, you may want to create a promissory note to formalize the loan.
If you continue not to pay, you'll hurt your credit score and you risk losing your property or having your wages or bank account garnished.
While creditors have the first chance to make claims on the deceased person's assets, they cannot hold heirs financially liable for the debts. Creditor claims are settled with the estate of the deceased—not the heirs themselves.
Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.
The costs associated with assuming a mortgage are often similar to the fees for taking out a new mortgage, but can sometimes be less. These costs might be worth it if the assumable loan comes with a lower interest rate than what you'd be able to get with a new mortgage.
One controversial tactic in debt collection is a relatively new term, debt shaming. This involves some level of public disclosure by the collector to bring attention to a debtor who has not satisfactorily paid their debt.
If you don't have joint finances, like a mortgage or joint bank account, then you can't be made liable. The same goes if you change your surname when you get married. While it will be updated on your credit report, you're not legally bound to pay credit agreements in your partner's name.
The short answer is yes, you can pay off someone else's debt in a variety of ways depending on the type of debt. For example: You can gift the person the money so they can pay off the balance in full and don't have to worry about paying you back.
Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.
Speak to Creditors
Once you decide to take on the other person's debt, you should call the creditor directly and express your wishes to be added to their account. In most cases, you can simply say that you want to be added to the account as a guarantor.