Collection Letter Received

[DPerryret]

Jurisdiction

Oklahoma

My Mother received a collection letter from a law firm representing a plumber. It states that my Stepfather had the plumbers come out and do some work and didn't play the bill. So as of December 2020 they owe a little over $800.


A little background. My Stepfather got sick in March of 2021 and I moved them from Virginia to Oklahoma so that I could help them get things done. My Stepfather passed away on 8/22/2022. My mother received the collection letter about three weeks afterwards. Seemed like an odd coincidence to me. If figured it was a scam, so I did some research online and read that my Mother had to respond within 30 days or she would give up the ability to dispute the charge. I found a form letter and sent it back to the law firm saying she didn't recognize the bill and would like to see a signed contract to prove that they did work for my Stepfather.


At this point, I still think it is a scam, but if they sent back a signed document I don't have a problem paying them for the service performed. However, they are charging interest as well, because it wasn't paid on time. I have been intimately involved in my parent's affairs since April 2021 and I have not see any bills from this plumber. My Stepfather paid his bills fairly promptly and didn't like anything outstanding as he was an accounting major in college. He was pretty proud of his credit score and financial situation. Had he missed this bill somehow, he surely would have paid it if they sent a follow up bill. I can say that there has not been one follow-up bill since April of 2022. I can't see paying their $300 plus late fee since they didn't give my parents the opportunity to pay it until now.


My Mother received a reply, the stated they didn't know her and the letter was directed to my Stepfather, however they did send a contract that was not signed as proof of the work performed.

Not sure of what my next step should be. Should I tell them, Dad died? Should I write a response challenging the contract due to lack of signature? Should I just tell Mom to pay it and be done with it? I don't know what the law is here. I don't even know if they have the right to collect a debt in Oklahoma, from Virginia. They didn't respond to that question in the form letter.


Again, if my parents actually had them do the work, I don't have a problem paying, but I am not sure about the late fee. I just don't want these people getting away with a scam against the elderly.

 

[army judge]

Not sure of what my next step should be. Should I tell them, Dad died?

Yes, you disclose to the scammer, collector, and/or plumber that their MARK, err, alleged debtor died on 8/22/2022.

You can even enclose a photocopy of the death certificate and newspaper obituary to buttress your proof.

Your mother might have some responsibility for the debt, IF she was the adminstratrix of her spouse's estate. If she wasn't, its doubtful she remains responsible for the plumbing debt.

That doesn't mean the scammer/plumber/debt collector will slither away. Many of the aforementioned vermin will become agitated and increase their efforts.

 

[adjusterjack]

they did send a contract that was not signed as proof of the work performed.

What did it say about the kind of work that was performed?

I can't see paying their $300 plus late fee since they didn't give my parents the opportunity to pay it until now.

So? Offer a compromise. Offer half or a third or whatever. If they don't accept they are welcome to sue the deceased which is likely to get them nothing.

 

[zddoodah]

I did some research online and read that my Mother had to respond within 30 days or she would give up the ability to dispute the charge.

Where did you read that? It's not at all true.

I can't see paying their $300 plus late fee since they didn't give my parents the opportunity to pay it until now.

Unless there's a contract providing for a late fee, that's not something that's recoverable.

Not sure of what my next step should be. Should I tell them, Dad died? Should I write a response challenging the contract due to lack of signature? Should I just tell Mom to pay it and be done with it? I don't know what the law is here. I don't even know if they have the right to collect a debt in Oklahoma, from Virginia.

First of all, you should be very careful in what you do. Since you're not a lawyer, you have to avoid engaging in the practice of law. Second, a written contract, if signed, is evidence of the contract's existence, but it doesn't prove that the work was done. Does your mother know nothing of the alleged work? In any even, an unsigned contract isn't evidence of anything. Fourth, your parents' move from VA to OK doesn't have anything to do with the legal ability to collect the debt. However, it would not likely be cost-effective to sue over a debt of this size (especially since the alleged debtor is deceased).

 

[DPerryret]

That doesn't mean the scammer/plumber/debt collector will slither away. Many of the aforementioned vermin will become agitated and increase their efforts.

That was my concern about letting them know Dad had just passed away. I didn't want to open Mom up for more attacks (if these are indeed scammers).

 

[army judge]

That was my concern about letting them know Dad had just passed away. I didn't want to open Mom up for more attacks (if these are indeed scammers).

Its doubtful that the schemer/scammer would be successful pursuing their alleged debt for the reasons I offered above.

 

[DPerryret]

What did it say about the kind of work that was performed?

I don't remember what the contract said. I will have to look at it and get back with you.

 

[DPerryret]

Where did you read that? It's not at all true.



Unless there's a contract providing for a late fee, that's not something that's recoverable.



First of all, you should be very careful in what you do. Since you're not a lawyer, you have to avoid engaging in the practice of law. Second, a written contract, if signed, is evidence of the contract's existence, but it doesn't prove that the work was done. Does your mother know nothing of the alleged work? In any even, an unsigned contract isn't evidence of anything. Fourth, your parents' move from VA to OK doesn't have anything to do with the legal ability to collect the debt. However, it would not likely be cost-effective to sue over a debt of this size (especially since the alleged debtor is deceased).

 

[DPerryret]

Well you are right, not that you cannot dispute it, but rather the debt collector will assume the debt is valid. I read that here and many other places: What is a Debt Validation Letter? (investopedia.com).

There is a contract that provides for a late fee. They sent it in the response. My Stepfather didn't sign it though. There aren't any signatures at all.

I asked my Mother if she was aware of using that company and she was not. However, she didn't really deal with this sort of thing while my Stepfather was well.

I moved my parents to Ok from VA so I could look after them. We kept their old bank account open for a long time and they left a forwarding address so they would get any late bills sent to them at their new place.

I have been very involved in my parent's financial affairs since April of 2021. (I think I accidently put 2022 in the original post) I wrote checks out for them to sign, made sure any bills that came in were paid and sent out and helped them balance their checking accounts. I have never seen a bill from this vendor.

 

[DPerryret]

What did it say about the kind of work that was performed?

I looked it over and it said there were some sewer line work done. I also notice (once I looked more closely) that they said a payment was made as a deposit. I will research this with my Mother's help and see if my Stepfather did indeed make a payment. Then I will check to see if there is any evidence that he has already paid the bill. If not, then I will get my Mother to write them a check. Before that though, I will contact them and let them know my Stepfather passed away and that I will have to do some research to determine if payments have been made.

I would like to thank each of you for your comments and advice. I don't pretend to know the law and appreciate all your help.