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By DAVID STREITFELD
Published: March 3, 2009
MINNEAPOLIS — The banks need another bailout and
countless homeowners cannot handle their mortgage payments, but one group is paying
its bills: the dead.
Dozens of specially trained agents work on the third floor of DCM Services here,
calling up the dear departed’s next of kin and kindly asking if they want to settle
the balance on a credit card or bank loan, or perhaps make that final utility bill
or cellphone payment
The people on the other end of the line often have no legal obligation to assume
the debt of a spouse, sibling or parent. But they take responsibility for it anyway.
"I am out of work now, to be honest with you, and money is very tight for us," one
man declared on a recent phone call after he was apprised of his late mother-in-law’s
$280 credit card bill. He promised to pay $15 a month.
Dead people are the newest frontier in debt collecting, and one of the healthiest
parts of the industry. Those who dun the living say that people are so scared and
so broke it is difficult to get them to cough up even token payments.
Collecting from the dead, however, is expanding. Improved database technology is
making it easier to discover when estates are opened in the country’s 3,000 probate
courts, giving collectors an opportunity to file timely claims. But if there is
no formal estate and thus nothing to file against, the human touch comes into play.
New hires at DCM train for three weeks in what the company calls "empathic active
listening," which mixes the comforting air of a funeral director with the nonjudgmental
tones of a friend. The new employees learn to use such anger-deflecting phrases
as "If I hear you correctly, you’d like..."
"You get to be the person who cares," the training manager, Autumn Boomgaarden,
told a class of four new hires.
For some relatives, paying is pragmatic. The law varies from state to state, but
generally survivors are not required to pay a dead relative’s bills from their own
assets. In theory, however, collection agencies could go after any property inherited
from the deceased.
But sentiment also plays a large role, the agencies say. Some relatives are loyal
to the credit card or bank in question. Some feel a strong sense of morality, that
all debts should be paid. Most of all, people feel they are honoring the wishes
of their loved ones.
"In times of illness and death, the hierarchy of debts is adjusted,” said Michael
Ginsberg of Kaulkin Ginsberg, a consulting company to the debt collection industry.
“We do our best to make sure our doctor is paid, because we might need him again.
And we want the dead to rest easy, knowing their obligations are taken care of."
Finally, of course, some of those who pay a dead relative’s debts are unaware they
may have no legal obligation.
Scott Weltman of Weltman, Weinberg & Reis, a Cleveland law firm that performs deceased
collections, says that if family members ask, "we definitely tell them" they have
no legal obligation to pay. "But is it disclosed upfront — ‘Mr. Smith, you definitely
don’t owe the money’? It’s not that blunt."
DCM Services, which began in 1999 as a law firm, recently acquired clients in banking,
automobile finance, retailing, telecommunications and health care; DCM says its
contracts preclude it from naming them.
The companies “want to protect their brand,” said DCM’s chief executive, Steven
Farsht. Despite the delicacy of such collections, he says his 180-employee firm
is providing a service to the economy. “The financial services industry is under
a tremendous amount of pressure, and every dollar we collect improves their profitability,”
he said.
To listen to even a small sample of DCM’s calls — executives played tapes of 10
of them for a reporter, electronically edited to remove all names — is to reveal
the wages of misery, right down to the penny.
A man has left credit card debt of $26,693.77, the legacy of a battle with cancer.
A widow says her husband "had no money. He pretty much just had debt." Asked about
an outstanding account of $1,084.86, a woman says the deceased had no property beyond
"some tools in the garage" and an 18-year-old Dodge.
Not everyone has the temperament to make such calls. About half of DCM’s hires do
not make it past the first 90 days. For those who survive, many tools help them
deal with stress: yoga classes and foosball
tables, a rotating assortment of free snacks as well as full-scale lunches twice
a month. A masseuse comes in regularly to work on their heads and necks.
Brenda Edwards, one of DCM’s top collectors, spoke with a woman in New Jersey about
her mother’s $544.96 credit card bill.
"She had no will, no finances, nothing," the daughter said. "Nothing went to probate."
The $200 in the checking account was used for funeral expenses. But the woman also
said the family "filed a form with the county," indicating that perhaps there was
a legal estate after all.
"Is anyone in the family in a position to pay this?" Ms. Edwards asked, adding:
"I’m not telling you it needs to be paid at all."
The woman reached a decision. "I will talk to my brothers and sisters and we will
pay this," she said.
Ms. Edwards has a girlish voice that sounds younger than her 29 years. "If you plant
a seed and leave on a good note, they’ll call back and pay it," she said.
DCM started a Web site called MyWayForward.com
to provide the bereaved with information, tools and, some day, products. "We will
never sell death. But it’s O.K. to provide things that could be helpful to the survivor,"
Mr. Farsht said. Death will be the end of one customer relationship but the beginning
of another.
Some survivors are surprised, and a few are shocked, that they are hearing from
a collector.
Eric Frenchman, an online consultant, said a DCM agent inquired about his late father’s
$50 Discover card balance before the bill was even due. Since Mr. Frenchman had
been planning to pay it anyway, he emerged from the experience vowing never to get
a Discover card himself.
The major deceased-debt firms say such experiences are rare. Adam Cohen, chief executive
of Phillips & Cohen Associates of Westampton, N.J., said his team of 300 collectors
"are all trained in the five stages of grief."
If a relative is more focused on denial or anger instead of, say, bargaining, the
collector offers to transfer him to the human resources company Ceridian LifeWorks,
where "master’s level grief counselors" are standing by. After a week, the relative
is contacted again.
DCM executives say some of the survivors not only gladly pay but write appreciative
notes. They offered up a stack, with the names deleted, as proof.
One widow wrote that a collector "was so nice to me, even when I could only pay
$5 a month a few times." Saying that money was "so tight" after her husband died,
she added: "It was very hard for me, and to get a job at my age. Thank you."
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