My probate will close very soon, I have been fighting a debt collector called phillips and cohen on a BS claim.
I have sent them everything they need to show that the debt is not legitimate, I have never heard anything back from them and that was months ago. As of today they still have not filled a claim.
I have trued calling them the line is always busy. I have done what my lawyer told me to do he said not to call them only use certified mail.
I have talked to them on the phone and phillips and cohen always says they will send me any updates in the mail which I never see.
Anyone here ever dealt with this place?
Thanks for all the help and info.
I bet there are plenty of lawyers who are willing to make a good buck wearing down executors of completed estates.
Don’t be a victim. If you KNOW that you’re doing the right thing, put this on the back shelf behind an old hatbox and get on with your life.
https://consumercomplaints.fcc.gov/hc/en-us
Your lawyer has told you what to do. Stop calling them.
If you google Phillips and Cohen you will see that they are a debt collection firm and don't appear to answer their phones. As your lawyer advised, all correspondence should be in writing.
It isn't YOUR debt.
If you haven't heard from them in months, then they are acknowledging that your paperwork is proof that it isn't a collectable debt.
Ask your attorney if your state has a law that states, no response within 30 days of written communication is agreement that you agree with what was in the letter. Arizona does.
Who would they file a claim against? Please listen to your attorney, you could be creating problems for yourself by not following their paid advice.
Your lawyer has told you not to deal with them by phone. He is also the one to ask, since these people have not returned your calls or submitted any proof, if you can now close probate.
IMO, they had a certain time to prove this debt. Because of probate it was time sensitive to get that info to you. If lawyer says close probate, do it. I am pretty sure that once probate is closed and estate distributed, neither u or the estate can be sued. In my State you can close Probate after 8 months. Long enough for any debts to show up. Its up to this company to prove the debt.
I was a collector for a company. When trying to collect from a customer, I sent them all the information I had on that debt at the time I requested the money. PODs, contracts they signed, etc.
Those collection agencies that buy debt, do not have the backup info on that debt. They just have an amount. You need to contact the company you originally dealt with to get the invoice or statement showing what you owe. If you find that you paid, you then send that invoice/statement to the collection agency with proof of payment. Then its back in their court to prove you wrong.
IF they file in court they will have to present all details of the bill, what it is for, what dates, what was done, what supplies, what the cost was. It is unlikely they will go through all of that.
If you have had the estate open for at least a year and have attempted to deal with them for a year then you are likely safe to close the estate given they have given you no proof of their claim. I agree with your lawyer not to call them. You establish a relationship then that can be more tricky.
IF you close the estate and a judgement against that estate is won then those who inherited from the estate may still be liable to pay a bill if the persons holding the paper go to court.
Quite honestly you should follow the recommendation of your lawyer. This question needs to be put to him or to her.
I agree with JoAnn that there are many estates scams out there who look for notifications filings and then try this nonsense.
Follow the advice of your Lawyer. And remember that you don't want to close the estate until taxes are filed, in any case (individual deceased and estate). It is not a problem to keep it open. There is no need to close it unless some time has passed.
If you communicate with this likely collection firm again just repeat what you said in first case, that you need a DETAILED billing for what services were rendered and when. These are your papers for going to court, where the estate will pay costs if need be.
You don't mention size of estate, but that makes a difference, too, so just take the advice of your lawyer.
Listen to the attorney. Stop all contact with them, and ask the attorney to draft a letter telling them that they are required by law to cease all contact once you have told them the claim is not valid.
This is a summary of it, as well as the debtor's rights and the creditor's restrictions:
https://www.consumerfinance.gov/ask-cfpb/are-there-laws-that-limit-what-debt-collectors-can-say-or-do-en-329/
Follow atty advice. Do not contact them.
2. It is NOT your debt. It is not your probate. It is probate on a deceased individuals estate and the assets of and the claims (debts) filed against estate in probate. Whatever system probate uses for your state is what matters. Like if your state runs on the required Notice to Creditors placed in a newspaper system… then creditors have to go by this in order for a claim to be filed with supporting documentation or the claim gets time-barred. Once it’s time barred and you can show the Notice and / or a certified mailing to a creditor as to the Notice & where to file a claim, and they did not get paperwork filed at the courthouse in time, it’s too bad so sad.
Apparently Phillip & Cohen is a law firm that specializes in”deceased account management”. Google them….. it’s a litany of complaints of harassment, never ending phone calls & letters. Do NOT ever speak with them. Should you say anything that could be used as your accepting responsibility on the debt that actually is that of the estate, they will do whatever to hound you to pay as “you agreed”. As long as you did not do this, they can pound sand…. it’s empty threats.
Google Phillip & Cohen, there should be link to Agruss Law Firm that describes what P&C does and how they (Arguss) have successfully sued P&C for violations of Fair Credit Reporting Act.
Nice summary
https://www.agrusslawfirm.com/blog/phillips-cohen-associates/
That a law firm has a whole page on these jokers speaks volumes.
Listen to your attorney.
She has already sent them proof that the debt wasn't valid, she is not obligated to provide them with a deadline, that is on them.
Her attorney has told her to stop calling them, only use certified mail, doesn't mean that she should continue to make the effort when hers was the last contact, months ago.
Creditors screw themselves by not making a claim against the estate, it is the avenue provided to them, by law, to collect any valid, outstanding debts of the deceased person. That's it, if they don't do that, they don't get paid, period.
Ask yourselves, would a legitimate creditor NOT file a claim against the estate? No, a legitimate creditor WOULD do everything within their rights to get paid. Think about it and don't get trapped into a pissing match with a scam artist collection agency.
OP, please listen to your attorneys paid advice and close probate. You aren't responsible for any debt that wasn't handled through the avenue provided for the creditors.
Please update us on how things go.