What is the best way to handle these collection agencies to get them to stop calling?
Full Question:
Answer:
A debt collector may not contact you at any time or day that unusual. A debt collector
may presume that anytime between 8 a.m. - 9 p.m. is convenient unless you inform them
otherwise. They may not contact you at work if they know your employer prohibits such
contacts or if you tell them that you do not wish to be contacted there. If a debt collector
knows you are represented by an attorney, they must not contact you and direct all
communications to your attorney exclusively. Finally, a debt collector must cease
communications with you if you tell the debt collector that you refuse to pay the debt, or
ask them to stop further collection efforts. However, asking a debt collector to cease
communicating with you may leave them with no other choice than to file a lawsuit
against you to collect the debt. You can stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact. The agency may notify you if the debt collector or the creditor intends to take some specific action.
The financial affairs of a person who dies without a will are handled in the probate process under intestate distribution laws of the state. When a person dies with little or no assets, his estate may qualify for a summary probate procedure for small estates. Creditors will be notified and given an opportunity to present claims on the assets of the estate.
The following are KY statutes:
395.450. Jurisdiction to dispense with administration.
The district court that has jurisdiction to grant
administration of the estate of a person dying intestate shall
have jurisdiction of proceedings to dispense with
administration.
395.455. Transfer of assets without administration.
(1) Where the exemption of the surviving spouse alone, or
together with preferred claims paid by a widow or by the
widower where the wife's estate is legally liable for payment,
equals or exceeds the amount of probatable assets, the court
may order that administration of the estate be dispensed with
and such assets be transferred to the surviving spouse or to a
person designated by such surviving spouse to receive all or
part of such assets. The court may so order in both testate and
intestate estates and without requiring the renunciation of a
will or the giving of bond.
(2) If the court is satisfied that no probatable estate will
pass through the hands of the personal representative, it may
order that no letters of administration be issued and in the
case of a testate estate that the will be probated only.
(3) Where a surviving spouse has waived his or her right to
the exemption accorded by law in favor of a person who has paid
preferred claims in an amount equaling or exceeding the amount
of probatable assets or who is legally entitled to such
payment, or where there is no surviving spouse and such person
has made such payment or is legally entitled thereto, the court
may order that the administration of the estate be dispensed
with and such assets transferred to such person. The court may
so order without requiring the giving of bond.
(4) For purpose of this section, the exemption of the
surviving spouse is such exemption as has been created by KRS
391.030 and preferred claims are those listed in KRS 396.090
and in the order thereof.
395.520. Claims to be proved before commissioner — Notice to creditors.
In all actions the court shall make an order for the
creditors of the decedent to appear before a commissioner, to
be appointed by the court, and prove their claims before a
certain day to be named in the order, notice of which shall be
given by publication pursuant to KRS Chapter 424; and, by such
other publication as the court directs.
