[WSBAPT] Calls from Collection but No Letter

[Philip N. Jones]

There is much debate about whether a PR has a fiduciary duty to creditors.  I tend to think that they do.  DCM represents several major credit card companies, and they are decent people to deal with.  They don’t want to leave a message because of strict federal laws about debt collection practices and disclosing confidential information.  Call them back and get connected with them.  It will cause fewer problems in the long run.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Wednesday, September 8, 2021 2:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Calls from Collection but No Letter

I would say that the calls from a collection agency giving the name of a decedent do make them a reasonably ascertainable creditor. I would mail them a notice to creditors, but no more. I would not get on the phone with them, or call them back. No hand holding. Just mail them a notice and see if they file and serve a valid and timely claim.

Sarah
Sent by dictation from my iPhone. Please excuse typos and missing punctuation!


On Sep 8, 2021, at 2:17 PM, Brent Williams-Ruth <brent at williams-ruthlaw.com<mailto:brent at williams-ruthlaw.com>> wrote:

Greetings -

Just seeking affirmation (or correct) of my actions.  I have an estate where my office keeps getting called by DCM Collections. They refuse to leave a message, provide any information for what company they are calling about - simply saying that they are calling about the Estate of "Smith" and want me to call them.

Neither my office nor my Executor (or Decedent's former address) have receive any written notice from DCM (which they normally do) so I cannot send them a Known Creditor notice.

I am operating under the presumption that I have no legal duty to call back someone simply because they call and leave a phone number.

They are persistent, calling every 3-4 days, but each time refusing to give any information.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

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