handling Debt for mother.

Have you sent the CA a validation letter? That'd be my first thought... Is this debt actually legit?

As to a possible forced sale of the house, it'd be mighty helpful if we knew what state y'all are in. That way, we can pull the relevant laws.

Sorry, the state is in california.
Also, yeah, the debt is definately legitimate. It was a sears Mastercard that went to probate. Unfortunately, they're continuing to report mom as a deliquent card holder to the credit reporting bureaus even though she wasn't a cosigner, just an authorized user. I'm STILL working that out, since although she is liable for the debt bing in a community property state, they're reporting it as overdue every month, even now that it's in probate and isn't receiving monthly payments.
That kept her from getting an extension to her line of credit and now with the credit crunch I've been pretty much told that that boat has sailed by several banks. (And one suggested I not bother trying to fold credit card debt into the equity-- he said: "You may lose your home for credit card debt-- "may" being the operative word. However you WILL lose your home if you can't pay loans secured by the house".

So, mom lives in California, and the card was in dads name so they're going after her as community holder, and have also threatened to re open the estate. The estate however has no assets save the house and some negligeble items like very old cars and such.

Damn...

Don't give up hope, that's the first thing. I've pretty much exhausted my knowledge that's pertinent, but I'm nobody's expert. There are some others on here that've forgotten more about it than I'm ever likely to know. They'll likely be along in a bit. With the holiday fast approaching, give'em a little time.

I wish you the very best in this matter.

Well part of my hope is the fact that if the house is forced to be sold, they have to hope that it will make enough money for them to get paid afterall the secured creditors get paid.
That means first the mortgage, then the line of credit, THEN any costs to make the house sell worthy, and THEN the homestead exemption. (and the hosue is far from sell worthy-- there are holes in the wall where dad started projects, and the floor hasn't been replaced since 1965).

You may want to get a free consultation with a attorney for:
1. I think they may have violated the Fair Credit Reporting Act. If your mother is not a cosigner I do not believe that she is a responsible party.

2. To check probate laws in your state in regards to how it works (it differs from state to state, in my state for example once the estate has been exhausted all other debts held by the deceased are dismissed)

3. Definite Fair Debt Collection Practices Act violation. By threatening to reopen estate (which I honestly don't see how that is possible) ect. To the least sophisticated consumer (which is what the law favors) this implies lawsuit, especially forcing the sale of a home, which would be placing a lien on the property which can only be done via civil suit. Now that they have made the threat they have 30 days from the first time they said that to file suit or be in violation of the fdcpa.

Additionally your mothers SSI is non attachable so they cannot garnish it. In some state residential property may not be seized nor may a person place a lien on it. (Consult a attorney for your state to be certain). Also if it is deemed that your mother is indeed not a responsible party they may have committed additional FDCPA violations by 3rd party disclosure (unless you are executor or the estate)

Also if the date of last activity of the account is on or before 12/24/2003 then the statutes of limitation has passed on the account making it a time barred debt. Hence they would not be able to file suit for it. Can you tell me if it was on or before that date?

Just to let you know, the SOL for the state of CA for written accounts is 4 years.

No, Dad died November 27th 2007, and he was paying it up until his death and I paid it for a while later, as it was on autopay.

Being that our estate was so small, people advised that I handle it myselt, and I'm beginning to regret that. An attorney might have made things go faster, and in any case, I wasn't in the best state for many months later, having to take care of mom and with a good deal of lingering guilt about dad. I was taking care of him and the doctor's said that his heart just wasn't making it, but you know how "would of could ofs" sometimes go.

I understand what your going though, I went through about the same when my mother passed away.

Now, SOL isn't a issue, but I would recommend seeking legal council to see if estate can be reopened and if a lien can be placed on residential property. Also if your mother isn't a responsible party (which I don't think she is) and they report on her credit report, that's a FCRA violation. Keep us posted on what you find when you consult the attorney.

Since your mom is over the age of 65, and disabled, the homestead exemption for her in California is $150,000. Besides that, I seriously doubt that they would want to force the sale of a house, especially in California nowadays. All they can do is put a lien on the house for any amount of value over $150,000. Since your mom is life tenant, and you've no plans to sell anyway, I wouldn't care what they do. But, that bit is true about losing the house by not paying loans secured by it.