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Generate this letterDeceased Relative's Debt Notice of Non-Liability & Cease Contact Demand
When to use it
Send when a collector contacts a surviving relative regarding a deceased family member's debt.
Preview
Bracketed fields are filled in from your account when you generate it.
[CLIENT FULL NAME]
[CLIENT ADDRESS LINE1]
[CLIENT CITY], [CLIENT STATE] [CLIENT ZIP]
Phone: [CLIENT PHONE]
Email: [CLIENT EMAIL]
Date: [TODAY]
[RECIPIENT NAME]
[RECIPIENT ADDRESS BLOCK]
RE: NOTICE OF DECEASED INDIVIDUAL, ABSENCE OF PERSONAL LIABILITY, AND CEASE CONTACT DEMAND
Account Number: [ACCOUNT ACCOUNT NUMBER MASKED]
Original Creditor: [ACCOUNT ORIGINAL CREDITOR]
Name of Deceased: [CUSTOM NOTES]
Dear [RECIPIENT NAME],
I am writing in response to your communications regarding an alleged debt associated with my deceased relative, as referenced above.
Please be advised that the account holder is deceased. Under state probate laws and the Fair Debt Collection Practices Act, individual family members and surviving relatives ARE NOT PERSONALLY LIABLE for the debts of a deceased individual unless they personally co-signed the obligation or contract. I was not a co-signer or joint applicant on this account.
Under 12 CFR § 1006.6(a)(4) and (d)(3), debt collectors communicating with surviving relatives regarding a decedent's debt must refrain from misleading statements implying personal responsibility. Falsely stating or implying that a surviving relative has a legal duty to pay a decedent's debt constitutes a deceptive debt collection practice under 15 U.S.C. § 1692e.
Any claims regarding this account must be submitted directly to the executor, administrator, or probate court handling the decedent's estate.
I hereby instruct your agency to IMMEDIATELY CEASE ALL CONTACT WITH ME regarding this account. Any further telephone calls, letters, or contacts directed to me personally will be treated as unlawful harassment under 15 U.S.C. § 1692d.
Sincerely,
[CLIENT FULL NAME]
Sent via Certified Mail, Return Receipt Requested: [LETTER CERTIFIED NUMBER]
Legal basis
15 U.S.C. § 1692c12 CFR § 1006.6(a)(4) & (d)(3)State Probate LawEnclose
- Copy of Death Certificate (optional/redacted)
Before you send
- Debt belonged to a deceased relative and consumer was not a co-signer or joint debtor.
Know this first
- Do not admit owing the debt or promise to make any payment, as doing so may restart or reset the statute of limitations in some state jurisdictions.
- Surviving family members are NOT personally liable for a deceased relative's debts unless they co-signed the credit agreement. Collectors who imply family members must pay commit a deceptive FDCPA violation under 1692e.
Follow up
Allow about 15 days for a response.