my mother is being sued

go to naca.net.you will find a consumer attorney that will countersue this bottomfeeder.whoever this is needs to be taught a hard lesson.obviously they bought the debt or her info.either way.SUE THEM!!!!!!!!!btw.no they can't go after your father for her alleged debt.

I'm not sure here, but since you got the summons, have you answered it yet? I am also not sure about the SOL and what state you live in.

The point is that is,she is deceased--I suppose you can make a copy and send that along with your answer to the courts. You may even be able to contact your court clerks office and they can help.

I am not a legal person by any means, so maybe someone with the experience can help--I am only offering suggestions..karen..good luck :D

Was the summons served on your dad at all?? Or are they just saying they will sue him?? If it is just your mom, I would send both the courts and the CA a copy of the death certificate.

no it was not served on him..collection agency says they will come after him for debt incurred w/in marriage..but yet they still won't validate...and no one has yet to answer summons ..i have an appointment to take it to our family attorney for thursday..hope we get outta this mess..

if you were never served,and they still call and threaten after proper validation was requested.i'll say it again.SUE THEM!!!!

thanks paul-we definately plan to sue em!! after talking to the attorney, he said there has been violations...i'm smelling a rat, a rat that's gonna be in court soon...lol

well, here's the thing--

it is NOT LEGAL for a debt collector to try to force a person to pay for the debts of someone else who has died. Period. Debt collectors can still legally call and ask for payment, but they cannot sue you over that. What state is this happening in? If youre in a one-party state, I would record them threatening to sue your dad for this debt--and then add that to the FDCPA violations that have already taken place. If youre gonna sue someone, NOTHING beats recorded evidence....it really proves your point to the judge or jury when they can hear the debt collector in their own words. I am right smack in the middle of one right now where I am about to file suit on a debt collector that has been harassing us for almost a year now. They contacted us, and I disputed the debt. They have since claimed at different times that:

1--I never disputed it
2--I did, but it was outside the 30-day window, so they can do whatever they like now.

Finally, I got a supervisor on the phone, while recording the call, stating that he's very sorry, that my file clearly shows that I DID dispute the debt in time, and that ever since two weeks after initial communication(when I disputed), that I have been harassed. I even have the guy on tape saying "you have every right to call this harassment because thats what I would call it if I was getting this many calls"! Imagine how a jury's gonna react to that!

Working on this as we speak, actually...so far, through phone records, I have identified no less than 80 times that they have called my house, and I have three months of phone records to go through still! And then, there are the letters--more than a dozen of them in the same time period--demanding payment, offering settlements, etc etc etc.

Hold it - a JDB is suing your mom and she has been dead since 2003? Just when was the last payment made on this account and I am almost certain it is OOS. In all but one Community property state (LA) this debt is OOS.

As far as suing your dad for it is concerned, if you don't live in a Community property state (ID, WA, CA, NV, AZ, NM, TX, LA and WI) just tell the JDB to suck wind because he's not responsible and if he does live in a Community property state the debt is probably OOS anyway.

Start taping this idiot and start suing his stupid butt.