JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

29 Lawyers are Online Now
characters left:
Not a Legal Question?

Related Law Topics:

  • Gas
  • ,
  • Gov
  • ,
  • Pay
  • ,
  • Owe
  • ,
  • Won
  • ,
  • Bank
  • ,
  • Debt
  • ,
  • File
  • ,
  • Fall
  • ,
  • Fair
Bookmark and Share

Question

My husband passed away in April, I am now being harassed by a credit card company that he had an account with. They are not willing to work with me, but insist on one lump some payment. They have informed me that they can access my bank account if I do not cooperate. Can they actually do this? Am I responsible for paying his credit bill?

Submitted: 477 days and 15 hours ago.
Category: Legal
Value: $15
Status: CLOSED
+
Read More

Optional Information

Optional Information:
totowa, New Jersey

Accepted Answer

You ARE NOT responsible for paying his bills as long as you were not on the account. This does not mean that they won't try to convince you otherwise - the best line is that you benefited from his charges (groceries, gas, etc.), therefore you're liable. Don't fall for it.

Whatever you do, don't agree that the debt is yours and don't agree that you'll take responsibility for it. If you do this, they could transfer the debt from your husband to you.

The creditor has a right to seek payment the debt, but the money is owed from the estate - not you. Thus, if/when you probate his estate, the creditor will have to file a claim with the court. If the estate has enough money in it to pay all of the bills, they'll all get paid. If not, they'll be paid on a pro rata basis.

The only way that the creditor can access your bank account is if it gets a judgment against yout husband, which it can no longer do because of his passing. Therefore, don't let them bluff you.

You've got rights against these creeps under the Fair Debt Colletion Act policed by the Federal Trade Commission. Here is the website:

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

You can contact the FTC to report a creditor, file a complaint and understand your rights.

My suggestion is to maintain that it is not your debt, and you don't owe it.

Picture
Expert: Adam Kirk
Pos. Feedback: 99.3 %
Accepts: 
Answered: 7/31/2008

Lawyer (JD)

Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

+
Read More

Related Legal Questions

  • I live in wisconsin I just purchased a car frm a
  • what is the form to relinquish the right of house?
  • How long does a company have to wait until they repo a car?
  • Was it the sex or money that motivated the rock-n-rollers ....
  • My neighbor''s pitbull attacked my dog causing her
  • When does a minor become an adult in Ct
  • I need a restraining order. How do I get one?
  • I paid an auithor for an essay which I used in a ...



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.