Submission Number: 00041
Received: 11/22/2010 6:23:46 AM
Commenter: jeb fries
State: New York
Agency: Federal Trade Commission
Initiative: Statement of Policy Regarding Communications in Connection with Collection of a Decedent’s Debt; Project No. P104806
Attachments: No Attachments
I believe that once a debtor dies, all communication and collection efforts should proceed only pursuant to state procedures regarding collections from an estate or property of the deceased debtor. All states and territories provide laws and procedures concerning making valid claims against the estate or property of a decedent, and once someone dies, that should be the Creditor's sole remedy. The clerk of the relavant Court in each jurisdiction maintains files and all claims should be made as provided by law. If no estate is opened for administration/execution, simple small or large claims cases may be brought in the correct court to reduce the claim to judgment, lien and execution. The collection burden should always be on the Creditor, not put upon the surviving relatives of a Debtor.