My brother died 3 years ago should I negotiate with the Collection Agency?

I lost my brother 3 years ago on March 2010. His name was John and he died at age 32 from lung cancer. My brother has some credit card bill and I was a authorized user. Now the collection agency is calling me for the unpaid amount then I inform the collection agency about his death. They told me to send death certificate and after that they deleted my name off the account but few week back I got a letter from the collection agency about the payment from his estate but he had no assets. Should I negotiate with collection agency to get off of my back?

Answers:

Once the owner of the account died the authorized user status terminated. Here the point to be noted that the authorized user in not a co-owner of the account. As you have says that there is no assets on his name then just inform them that there is no property as such in the name of your brother.

May be possible that debt was probably re-sold and now the collection agency is trying to get anything out of it.

Note:  This is not a legal advice only for general information, and this answers does not  have any relationship with Collection Agency and client.

Recording Phone Conversation with Debt Collectors

There are many harassing and abusive tactics a debt collector may undertake to refund the amount they have given. If you find the debt collector using illegal techniques and violating the Fair Debt Collection Practices Act in the dealings, you might collect proofs which will act as evidence against them or to turn the matter over to your State Attorney General’s Office. This can be done by using a mini recorder, or your computer, a microphone, the telephone listening adapter or a recording software and record the conversation with the debt collector.

While recording the conversation make sure that you mention the date, and the person’s name you are speaking with and to which collection agency he works for. This kind of evidences will prove successful and will go a long way in court making sure that you are not mistreated. This tactic often puts the person you are speaking with on the defensive. You are advised to use such tactic when the situation worsens after the conversation and the collector has broken the law.

Regardless of some state, it is illegal to record conversation without the permission of both parties. Twelve states have passed the law and made it illegal to record a phone conversation without all parties consent. While the other 38 states has declared legal to record a conversation as long as one party gives consent to the conversation.