What is an Order for Disclosure?

When a creditor obtains a judgment in Minnesota, they can request that the court send you a form called an Order for Disclosure or OFD. The form asks you where you work, how much you make, where you bank, and other questions about your assets. The purpose is to allow the creditor to discover what assets you have that may allow you to pay the judgment.

But here is the critical part:  you MUST fill out the OFD and return it to the creditor within 10 days. If you don't, then the creditor can go to a judge and ask the judge to issue a bench warrant for your arrest. That's right, they can haul you to jail for not filling out a form. So if you get an Order for Disclosure in the mail, make sure you truthfully fill it out and return it. Not every debt collector will seek a bench warrant for failure to return an OFD, but some will and you don't want to spend time in jail just for failing to fill out a form.

Am I responsible for my deceased parent's debt?

When a person dies, their assets are pooled into what is known as an estate. The estate is responsible for paying the debts of the deceased. If there aren't enough assets in the estate to pay the debts, some creditors will hire a collection agency to pester the deceased's relatives for payment. These collectors will often imply that you, as a relative of the deceased, have a legal obligation to pay for the deceased's debts. This is almost always incorrect. You almost never have any obligation to pay for the debts of a deceased relative, even if you are named the representative of the estate. The only time you may have an obligation to pay for a deceased relative's debt is if it was a joint debt that you agreed to pay for, such as a joint bank account or if you co-signed a loan with the deceased.

No matter what the supposedly sympathetic bill collector tells you, it is rare for a person to be legally obligated to pay for a deceased relative's debt. You should consult with a lawyer before agreeing to pay anything.

Tips for dealing with debt collectors

Don't tell a debt collector where you bank or work.

This information is very valuable to a debt collector because bank and wage garnishments are easy and cheap ways to collect debts. Never voluntarily give this information to a debt collector. A favorite trick debt collectors will use to get you to tell them this information is to say "I already know you bank at ABC Bank." Surprisingly, many people will reply "No I don't. I bank at XYZ Bank." Don't fall for this trick.

Keep accurate records of all communications with debt collectors.

If you talk to a debt collector on the phone, immediately after hanging up, write down everything that was said during the conversation in as much detail as possible. Sign and date these notes. If a debt collector violates the FDCPA, your notes can be used as evidence of the violation. Similarly, be sure to keep every letter sent to you by a debt collector, including its envelope.

Demand that the debt collector confirm any agreement in writing.

If you agree to a payment plan or settlement with a debt collector, before sending any money, demand that the debt collector confirm your agreement in writing. It's not unheard of for debt collectors to try to back out of payment agreements. Also, if a debt collector gives you an extension of time to make a payment or to respond to something, make sure they confirm that agreement in writing.

Avoid long, open-ended payment plans.

Debt collectors will usually agree to monthly payment arrangements on the full balance, plus accrued interest. If possible, avoid this type of payment plan. With the high interest charged by most credit card companies, you will be paying the debt back forever. If possible, negotiate a fixed amount and term. This way you know exactly how much you'll be paying and for how long.

If you are sued, talk to a consumer lawyer immediately.

A debt collection lawsuit is serious business. Unless you are well-versed in the rules of civil procedure and have a good understanding of the deadlines involved in litigation, you should strongly consider getting advice from a consumer lawyer. I've seen many cases where consumers chose to represent themselves, had strong defenses, but ultimately lost because they failed to follow a court rule or meet a deadline.