Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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I am sorry to hear of your wife's passing and your current predicament. Colorado is not a community property state so I cannot say for certain whether they have a right to pursue you without more information. You say the attorney has a lien on the home, do you know of the credit card company has in fact obtained a judgment against you or your wife?
Sorry for the delay, I was away sick. The Stay of Execution was something they filed promising to not collect any further on the judgment so long as she was making payments voluntarily to them. Since that stopped, the creditor is asking the court to remove that order and allow them to start collecting the judgment again. Whether they can come after you depends on whether the debt incurred benefited the marriage. If it was used to help her family then perhaps it did not. There is likely no further court dates if there is a judgment entered already and all there is left to do is enforce it (ie: by wage or other garnishment, etc.). The creditor may not know of your wife's passing. I suggest you contact the lawyer making those filings and advise of her passing and see if that will stop the action. If that lawyer insists you are still liable for the debt, you ought to get a Colorado lawyer and take action. Good luck.
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