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Debt Collection

Date: Thu, 11/16/2006 - 16:22

Submitted by anonymous
on Thu, 11/16/2006 - 16:22

Posts: 202330 Credits: [Donate]

Total Replies: 3


My husband passed away 2 months ago and left behind credit card debt. One collection agency already sent a latter to our address with the balance he owed and asked to be paid, it's not a shared account (my name is not on the credit card) and my husband did not have any estates. He had a car that I'm in the process of transferring it to my name but it have a lean holder it's not paid off. I don't have money to pay the cards.......I thought when someone dies the debts also dies. Am I responsible for his balance and is there other actions the collectors can take agenst me or my kids?
Your reply is greatly appreciated. I live in California

May


Sorry to hear about your husband... for all that you've been going through, this doesn't need to be part of it.

Generally, if you were not a party to the debt, they probably cannot go after you personally. Unless California is a community property state. But they can go after an estate, if there is any. His estate would be checking account, property (house); if he had life insurance, they may be able to go after the insurance proceeds.

Since the car already has a lienholder, they can't take it... but I'm not sure about down the road when that car is paid off. If you can get it transferred to your name, it may be fine.

For the most part, they will try to intimidate you into thinking you are responsible for it, and that "someone" has to pay for it. But you should just tell them it was not your debt, your husband has passed, he left behind no estate, and that they should stop calling.


lrhall41

Submitted by DebtCruncher on Thu, 11/16/2006 - 19:39

( Posts: 2293 | Credits: )


There are currently nine states which offer Community Property status. These states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

You live in a community property state, which means that a spouce can be held liable for their spouce's bills when they pass on. It's possible that, if any opening of accounts held before the marriage would not be placed in this catagory but I am not 100% sure.

Action can not be taken against your children. SO I guess that is a bit of relief.

Try sending in a certificate of death to see what they do. Some companies will go ahead and write things like that off but most won't.

A suggestion to take care of it is offer to pay 30% of the credit card. You will have to do this by letter of course but be prepared for the offer to be rejected. Since your spouce is now deceased his credit report should (I think) no longer effect yours so settleling accounts should not be a hardship on your credit score.


lrhall41

Submitted by FYI on Thu, 11/16/2006 - 20:20

( Posts: 1950 | Credits: )


Yes, I didn't know California was a community property state. Listen to FYI and try to make some type of arrangements before they decide they want to sue you.

Since it seems like they are only a few months behind, you might even be able to call and get some type of in-house payment plan.

They could try to play hardball, but in doing that, they also risk you filing a bankruptcy on them.


lrhall41

Submitted by DebtCruncher on Thu, 11/16/2006 - 22:07

( Posts: 2293 | Credits: )