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There is normally a six-month period from the deceased's death for creditors to advise the executor of any sums due to them from the estate.
The validation notice is meant to help you recognize whether the debt is yours and dispute the debt if it is not yours. The notice generally must include: A statement that the communication is from a debt collector. The name and mailing information of the debt collector and the consumer.
According to the Commonwealth of Massachusetts, an estate must be probated within three years of the decedent's death.
A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.
Remember, credit does not die and continues after the death of the debtor, meaning that creditors have a right to claim from the deceased's estate. Remember, the executor is obliged to pay all the estate's debts before distributing anything to their heirs or legatees of the deceased.
The creditor has to prove who the borrower is These include: Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt.
Requesting validation of the debt is crucial. It serves two purposes: First, it requires the debt collector to provide proof that the debt is actually yours. This includes proof of the debt itself, and proof of assignment if the account is now owned by someone else.
Visit our Debt Collection CenterDo the Research. Debt collection agencies often specialize in certain areas.Verify the Agency's Legitimacy.Ask if the Agency Uses Skip TracingMake Sure the Agency has Insurance.Compare Fees and Contingency Costs.
Massachusetts laws "The statute of limitations for consumer-related debt is six years. This period applies to credit card debt and oral and written contracts. However, if the debt collector has obtained a judgment against the debtor, the statute of limitations extends to 20 years."
Under Massachusetts law, general (unsecured) creditors have one (1) year from the date of death to file a claim against an estate. An example of a general creditor is a collection agency attempting to obtain payment on outstanding credit card debt.