My name is Thomas M. Laughon and I live in Wichita Falls, TX. My son Kevin M. Laughon died (committed suicide) on Feb 19, 2019 in Woodbridge, VA. My had no will and no probate was filed in Virginia. He had no children. He had a large amount of credit card debit to 3 different cards. His living partner sent a death certificates to each card issuer. His estate was his clothes and a small checking account in the BB&T bank in Woodbridge which I closed on July 8, 2019 and had the balance, $2,474.43, sent to me here in Texas. One the credit cards, a Citibank Master Charge, turned things over to a collection agency and they have contacted me for resolution of the debit, $ 25,290.83. What are my options?
You can apply to open a probate estate in Virginia, put the money in the estate and wait to see whether the debt collection agency submits a claim, submits it in proper form and, if you as administrator deny the claim, hires a Virginia lawyer to sue the estate. Once the debt collection agency sees how little is in the estate, it may decide that this is not worthwhile.
Debt collection agencies often contact grieving family members, offering "deals" such as accepting 50% if paid within a week. Since they buy the debt at 12-25 cents on the dollar (debt overdue 90 days is written off by the credit card company), they are making a good profit if the family member takes the bait. In some states, such as Texas, the creditor must properly file the claim with the court and, if it is denied, sue to recover it. Unless a large amount is due -- and recoverable -- they often do not.
If you do not open an estate, the debt collection agency could theoretically sue you for conversion. Given the amount recoverable, they might well make a business decision not to: court filing and attorney's fees would take most, all, or more than the amount recoverable.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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