It seems they are legit, I got a letter in the mail from them phillips and cohen and a website to go to.
Doing a search just says they are a collection agency.
Not sure if they are needed as the letter says nothing about what outstanding bills they are referring to.
Looks like an attempt to get info.
This will offer insight into the latter's practices:
https://consumerlawfirmcenter.com/phillips-cohen-associates-debt-collection-harassment-stop-the-calls/
If you have no outstanding debts, and/or if there are debts arising from other's actions for which you are NOT OBLIGATED, then you are not required to provide them with any information at all. You should before doing anything familiarize yourself with the Fair Debt Collections Practices Act:
https://www.law.cornell.edu/wex/fair_debt_collection_practices_act
This is in legalese, so it might be a bit difficult to interpret. Sections 804, 805 and 806 might be easier to start off with as they address the issue of providing information as well as harassment by the debt collector.
Read Section 809(a)(1 - 4) for your basic rights in terms of further contact. Basically, if you notify this company in writing w/I 30 days that you are not obligated or have no responsibility for this debt, the company by law should not contact you further.
However, debt collectors breach this provision and harass people nevertheless. You do have rights to complain to the FTC about the company.
If any of this is confusing and you need further clarification, just post again. But also state whether or not you do have outstanding debts, whether anyone in the family (or even outside the family) have outstanding debts. The first step in assessing action is whether or not you're liable for the alleged debts.
And keep track of the date you received this notice; by law you must respond w/I 30 days. And definitely send it certified mail, return receipt requested. Under no circumstances should you respond by e-mail.
Additionally, I would strongly advise that no phone contact at all be made. I've read of debt collectors that record conversations then omit certain words and phrases to change the meaning of the potential debtor, then use that against them as evidence of admission to a debt.
Do NOT contact these people by phone!
She does not have any loans, credit cards etc that i know of as i have paid for what i know of.
I have not received any letters from anyone or out stanading bills from anyone yet.
I didn't think Debt collectors come out until you receive final notices in the mail on a bill that has not been paid that is what makes me think they are just trying to collect info.
I'm not really sure what information these debt collectors would be seeking, although the info I read indicated that this isn't a particularly honest outfit.
Still, you really DO need to respond to the letter and preserve your and the estate's rights under the FDCPA. If you need help writing the letter, just say so. It would be emphatic in stating that the collectors haven't provided information pursuant to the FDCPA, nor have they provided any information indicating liability on the part of you or the Estate.
Protect yourself and the Estate from these predators.
All you need to tell them is that you are probating Moms estate. That when you can, all outstanding debts will be paid. Until then, please do not contact you again.
If you find out who put Mom in collections I would call them just to make sure the debt "is" owed. I found with one of the providers Mom owed that the balance was do to them not billing Moms secondary insurance. Once they put that thru, there was no balance due. Another time a doctor was trying to bill the difference between what he billed and what Medicare felt was reasonable, can't do this if ur contracted with Medicare. Another time a drs office was trying to bill my MIL a balance when her paperwork showed " provider has excepted this amount as full payment". You have good billing clerks and those who aren't. So make sure billings are correct. The secondary statement is the best. It shows what Medicare paid, what the secondary paid and any balance if there is one. The Medicare statement shows what the provider billed and what Medicare thought reasonable. The balance will be the 20% Medicare doesn't pay. Thats why secondary statement is important. So what I am saying, just because you are being billed doesn't necessarily mean u owe it.
There are also scammers. They see a death in the paper or on the internet and send out a fradulent bills. So beware.
You cannot be harassed. First, since the debt is Moms do not give them any personal info. Call from a phone you can easily block. Once you give them a date for payment, they can not call you till then. The big thing to remember is they work on commission. The more they collect, the more commission they make. If you tell them to not call them, they can't. You can file a complaint with the FTC.
See All Answers