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West Asset Chasing me for husband's debt. HELP!

Date: Fri, 11/07/2008 - 11:08

Submitted by anonymous
on Fri, 11/07/2008 - 11:08

Posts: 202330 Credits: [Donate]

Total Replies: 3


Hi All,

My husband recently passed away and left a large amount of credit card debt that I was unaware of until after his death, most of it used for his business. $40k + on one series of accounts (most business accounts), and nearly $20k on another personal account. We called the creditors to tell them of the death, and they asked if there was a plan to pay. I indicated that there was no estate, and no resources to pay. They then said that they would investigate, and if nothing was found, they would write off the debt.

Less than 2 weeks later, the calls and letters began. west asset management calls every one of our numbers daily. DCM Services has called and sent letters attempting to collect the debt.

Important to note is that on the $20k account, I was listed only as an "authorized user" and never signed a contract. The $45k account was comprised of a few different cards), but most of it was a special business account. Only a small portion (~$1k) was on the personal card. I had a card in my name, but never signed any contract, so I was likely an authorized user there as well. My experian report shows none of these accounts, though they do show up on other reports (but dont' show the type of account (i.e. authorized user)). Even the OC representative told me that 2 of the accounts were business accounts, though I was given a business card by my husband.

I mistakenly spoke with West Asset during the first call, as I was confused and asleep. I gave them an updated mailing address, and told them that there's no money to pay these debts. The representative was abrupt, curt, unfriendly. He threatened me with the possible loss of my house. He's called every day since, and I have not taken any of his calls.

The other debt is being handled by DCM services out of MN. They don't call as much, but have sent a letter with an "Important Notice" that says "unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid..." Not sure how to interpret that.

So.... What should I do here? I live in a joint property state, so am I liable for debt that i didn't guarantee? If this debt is unsecured, can they really take my house? Do I have to respond to this stuff? Is an agency likely to litigate over a balance that large, even if I'm not legally responsible? These debts are huge, so I'm sure they have lots of incentive to collect. Finally, does the fact that they're calling me now mean that they have bought the debt, or could they just be working on contingency?

Should I send a letter? Cease and desist? DV?


Send a DV letter CMRRR. What state are you in? IMO, If you are not on the account, you can't be held responsible. You may have to seek the advice of an attorney to assist you with this. A CA tried to put my CC debt on my wifes Credit Report and I fought them and won.


lrhall41

Submitted by on Fri, 11/07/2008 - 23:00

( Posts: | Credits: )


As far as I know, until and unless you have a joint debt, you're not liable to repay the debt. But if the debt of your deceased husband's non-joint then all his belongings will be used to repay the debt before you inherit anything. In case you have a joint property with your husband then half of the equity in the house will be used to payoff the debt.


lrhall41

Submitted by phoenix on Fri, 11/07/2008 - 23:36

( Posts: 1445 | Credits: )