West Asset - Deceased Parent - SOL Start Date?
Date: Sat, 07/24/2010 - 10:04
My father passed away suddenly last December. We have not filed for probate as after his death we (surviving kids) discovered he had filed for Ch 13 Bankruptcy in Nov 2005. He had over $170k in debt; no assets (real estate, life insurance, etc.) I wrote to the bankruptcy trustee after I found this info, to inform them of his death... Rec'd a response that his Ch 13 protection had been dismissed as he failed to make the obligatory payments. Apart from an inoperable 5th Wheel trailer he'd been living in, and a 10 yr old truck, he had no assets. He was an alcoholic and a gambler. He had a small 401-k (less than $1,500) and approx. $500 in the bank.
I've been contacted repeatedly by West Asset Management since his death... We contacted them (probably an ignorant mistake) shortly after his death as we found a collection letter from them addressed to him for a credit card balance over $8000 owed to the credit originator, USAA. We used approx. $600 of his money to pay an attorney to write up a small estate affidavit, which is how we accessed his bank acct and 401-K monies. He has numerous outstanding debts, and we're not sure who else might "come out of the woodwork", and do not want to go to the trouble or expense of filing for probate to dole out his few dollars to the approximate 14 creditors he owes...
West Asset Management keeps trying to negotiate a settlement with me (I'm the oldest child). I've advised them we have not filed for probate and have no plans to do so as his estate was basically insolvent... that they are only one among many other people he owed money to, and there is NO money to pay them or anyone with.
The attorney we paid advised that with the small estate affidavit, if a creditor does not file a suit against his estate within two years from his date of death, that they can no longer file a claim for payment.
After my last conversation with W.A.M., I received a letter from them stating it had been "agreed" that I would pay a reduced sum (they took approx. $1500 off his balance) by July 15th... No such agreement took place!!! I then received a call on July 15th, bright and early in the morning - to discuss that I had not made the "agreed upon" payment! Again, I advised that my father's "estate" was insolvent, that I never agreed to make ANY payment with them, that his only "asset" is a truck that we haven't been able to sell, etc.
I have not been able to get any documentation from West Asset re: this debt to validate it. I'm quite certain the debt was part of his Chapter 13 bankruptcy. But then he did not follow-through on the Ch 13 payments. It appears his last payment to the CH 13 trustee was in 2006, and it looks like that payment (only $140 a month!) was divided up between the 14 or so creditors he owed under the CH 13...
When would the statute of limitation begin for this debt that West Asset Management is trying to obtain from me? Would it begin from the time he filed for bankruptcy? From the time he made his last payment to the CH 13 Trustee? Does West Asset have a legal right to pursue payment for this? I've already advised W.A.M. that I don't have the funds to pay (I'm disabled & single with a special needs child) and I know I'm not legally responsible for paying my father's debt. My other siblings had little contact with him (some not for over 20 years!) and would not be able to pay it (even if they could!). If my father's truck sells (a brother is attempting to sell it in the city where he lives), I'm not sure if the proceeds from the sale (maybe 3k if we're "lucky") have to go to W.A.M. for this debt, or if it should be kept until two years have passed following his death - to see if any additional claims are filed. It's possible this debt has already met the SOL as well.
I can't afford to pay an attorney anymore funds, which is why I've resorted to posting here after doing some online research... Hopefully someone can help or offer advice! There are a lot of emotions & painful memories surrounding my father for both my siblings and myself... That is what he left us. W.A.M. keeps asking ME how he could have filed for over 170k in credit card debt in his bankruptcy without having some assets - I feel like they're accusing me of lying or withholding information... I'm not! We knew very little about my father - and learned more than we cared to know following his sudden passing. W.A.M. advised me they would complete an assets check and let me know what they find... I am not dealing well with the constant calls from W.A.M. and cannot wait for the day when all of this will end... if it does!
Any advice or suggestions would be truly appreciated. Thank you.
I've been contacted repeatedly by West Asset Management since his death... We contacted them (probably an ignorant mistake) shortly after his death as we found a collection letter from them addressed to him for a credit card balance over $8000 owed to the credit originator, USAA. We used approx. $600 of his money to pay an attorney to write up a small estate affidavit, which is how we accessed his bank acct and 401-K monies. He has numerous outstanding debts, and we're not sure who else might "come out of the woodwork", and do not want to go to the trouble or expense of filing for probate to dole out his few dollars to the approximate 14 creditors he owes...
West Asset Management keeps trying to negotiate a settlement with me (I'm the oldest child). I've advised them we have not filed for probate and have no plans to do so as his estate was basically insolvent... that they are only one among many other people he owed money to, and there is NO money to pay them or anyone with.
The attorney we paid advised that with the small estate affidavit, if a creditor does not file a suit against his estate within two years from his date of death, that they can no longer file a claim for payment.
After my last conversation with W.A.M., I received a letter from them stating it had been "agreed" that I would pay a reduced sum (they took approx. $1500 off his balance) by July 15th... No such agreement took place!!! I then received a call on July 15th, bright and early in the morning - to discuss that I had not made the "agreed upon" payment! Again, I advised that my father's "estate" was insolvent, that I never agreed to make ANY payment with them, that his only "asset" is a truck that we haven't been able to sell, etc.
I have not been able to get any documentation from West Asset re: this debt to validate it. I'm quite certain the debt was part of his Chapter 13 bankruptcy. But then he did not follow-through on the Ch 13 payments. It appears his last payment to the CH 13 trustee was in 2006, and it looks like that payment (only $140 a month!) was divided up between the 14 or so creditors he owed under the CH 13...
When would the statute of limitation begin for this debt that West Asset Management is trying to obtain from me? Would it begin from the time he filed for bankruptcy? From the time he made his last payment to the CH 13 Trustee? Does West Asset have a legal right to pursue payment for this? I've already advised W.A.M. that I don't have the funds to pay (I'm disabled & single with a special needs child) and I know I'm not legally responsible for paying my father's debt. My other siblings had little contact with him (some not for over 20 years!) and would not be able to pay it (even if they could!). If my father's truck sells (a brother is attempting to sell it in the city where he lives), I'm not sure if the proceeds from the sale (maybe 3k if we're "lucky") have to go to W.A.M. for this debt, or if it should be kept until two years have passed following his death - to see if any additional claims are filed. It's possible this debt has already met the SOL as well.
I can't afford to pay an attorney anymore funds, which is why I've resorted to posting here after doing some online research... Hopefully someone can help or offer advice! There are a lot of emotions & painful memories surrounding my father for both my siblings and myself... That is what he left us. W.A.M. keeps asking ME how he could have filed for over 170k in credit card debt in his bankruptcy without having some assets - I feel like they're accusing me of lying or withholding information... I'm not! We knew very little about my father - and learned more than we cared to know following his sudden passing. W.A.M. advised me they would complete an assets check and let me know what they find... I am not dealing well with the constant calls from W.A.M. and cannot wait for the day when all of this will end... if it does!
Any advice or suggestions would be truly appreciated. Thank you.
If that is all he had, the creditors are not going to get paid.
If that is all he had, the creditors are not going to get paid. Use your attorney's advice and dispose of his property and move on. You have no obligation to any creditor so why entertain them?
First, you are not responsible for your father's debts. So ther
First, you are not responsible for your father's debts. So there is no need to talk to these scumbags. Send them a cease and desist letter by certified mail.
Second, they have already violated the FDCPA by saying there was an agreement with you when there was no agreement. They now owe you $1000 in statutory damages.
Contact a consumer lawyer (try naca.net), who can take the case at no charge to you. FDCPA makes the violater pay attorney's fees too.
