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Unfair Debt Collection Regarding Deceased Relative’s Debt


A disturbing aspect of unfair and improper debt collection by collection agencies relates to attempts by debt collectors to collect funds from the spouses and other family members of their deceased relatives. This is a particular problem in North Carolina due to its desirable status for retirees and semi-retirees. Between 2010 and 2030, North Carolina’s 65+ population is projected to increase by over 400,000 persons per decade, reaching 2.14 million, or about 18% of the state total, by 2030.  If you are a spouse or relative that has been contacted by a debt collector or collection agency regarding your deceased relative’s debt, contact the unfair debt collection litigation attorneys at Maginnis Law, PLLC.  Our firm can also assist if a relative’s debt is appearing on your credit report. Maginnis Law is a Raleigh civil litigation firm with attorneys handling debt collection matters relating to the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA) the North Carolina Debt Collection Act and the North Carolina Collection Agency Act.  Contact the firm at 919.526.0450, info@maginnislaw.com or submit a new case inquiry here.  You can also subscribe to our mailing list to learn about the rights you have under consumer protection law against large corporations.


Deceased Relative's DebtWhen someone dies, their debts typically die with them or are the responsibility of their estate, if the estate has assets.  Debt among our elders has increased significantly as real estate property values fall and decedents frequently do not have the funds to pay off any debts that existed at the time of death.  Unless there has been a co-sign or a personal guarantee to obligate them personally, surviving family members typically will not be responsible for their deceased relative’s debt.

Despite their awareness of this fact, debt collectors and collection agencies will frequently attempt to target relatives in an effort to convince them to pay the debts “owed,” often relying on an attempt to convince relatives that there is a moral obligation to pay or to simply harass them with repeated phone calls and letters until family members are willing to pay the collection agency funds to go away and to cease reminders of their loved one’s passing.

North Carolina law is favorable to individuals who are being harassed by collection agencies or companies seeking to collect debt.  Unfair debt collection attorneys can not only assist with getting the calls and letters to stop or getting matters that were improperly placed on credit reports removed, they can secure compensation to the individual who has been harassed.

Maginnis Law handles cases for debtors based in Raleigh, Cary, Wake Forest, and the rest of Wake County, Durham County, Orange County and the counties that surround the Triangle area. Our civil attorneys are often willing to accept these cases on a contingency basis, where no attorney fees are owed until we achieve a positive resolution with the creditor.  If you are an individual who has received letters or phone calls from a creditor regarding a deceased relative’s debt, contact the firm at 919.526.0450 for a free consultation regarding your debt collection rights as a debtor, email us at info@maginnislaw.com or submit a new case inquiry here.

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