What is the statue of limitations for a collection agency to collect from a deceased person?

If your name is not associated with the debt at all, they cannot order you to pay. Depending what kind of debt it is, your father may have purchased insurance on it saying if he dies that the debt is covered by the insurance which is something to look into as well. They can however try to get money from the estate. If it becomes a serious issue you may want to talk to a probate lawyer.

Hello Jodi-Mesa,

Thank you for the prompt response. My mother is still living, but since I have Power of Attorney for both my parents, they have my name and phone number. My father had been in a nursing home for six years and all of his medical bills were paid by his personal health insurance and then by Medical Assistance. The insurance company had sent my mother a check and stated that it was for overpayment of a medical bill three years ago. My mother sent the check back to them because she didn't think that she was supposed to get it. The insurance company sent it back to her a second time and told her that it was hers. I told her to go ahead and deposit it into her account since they sent it back a second time. Well, two years ago the insurance company started calling my mother and telling her that she had to send the check back. I think it was for approximately $300.00. Now, they've evidently sent it to a Collection Agency. If they sent the check to my mother twice, and it was their mistake, can they do anything legally to my mother? Evidently they just have my name and telephone number, because they have not contacted my mother. What do you think I should do?

Have you tried to contact the insurance company that sent the check? That would be the way to cut it off at the source. They cannot go after you or your mother, but as anyone who has dealt with collection agencies knows, it can be hard to turn them off. The only thing that will make it so the cannot contact you anymore is if you can get this settled with the insurance company. It was their mistake and they usually have a fantastic digital paper trail (I have anthem and they are really good with this) of all contact you have had with them.

I agree, they shouldn't be coming after it.

but if all they want is $300, give it to them and get them off your back.

I dont know what state your in, but generally if a debt has not been collect within a four year period , it cannot be collected. There are different statute of limitations for differents states. But in california that is the limit. Of course the collection agency wont share this info with you, but now you can share it with them. I am pretty sure this law applies whether your deceased or alive.

Actually the agent had up to a year while your fathers estate was in trust to put in claim for monies owed. If the estate has been closed they have no recourse and you need to get an attorney to file a motion to have the harrasment stopped. Usually if you refer them to your lawyer when they call they won't bother anymore, however if they did file before the years time and they wheren't paid accordingly from the estate then they can followup with propper recourse but that should be handled through the attorney.