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DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 747
Experience:  Attorney at Drake Law Firm PLC
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What is a stay of execution on a credit card debt?

Customer Question

What is a stay of execution on a credit card debt?
Submitted: 1 year ago.
Category: Bankruptcy Law
Customer: replied 1 year ago.
This credit card was opened by my wife, I did not know she had this credit card and the attorney has a lien on the home. My wife died last July 1, 2015 and now they are suing me.
Expert:  DrakeLAW replied 1 year ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms. By continuing, you confirm that you understand and agree to these terms.

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?

Customer: replied 1 year ago.
I pretty sure they have. I have the letter from them it stats that I have ten days from the date of mailing which was 3/18 and it a motion to vacate the stay of execution. When my wife was alive she apparently was making payments to the collector which is David Bauer PC. I did not know that my wife had this card and I did not sign any contract. Am I going to be notified of a court date? It also states Wherefore Plantiff prays that this court enter an order lifting the stay of execution. Thank your advice is helpful. What should I do? the amount of the card is 15,000.00 apparently she used this card to help her family, mother, sisters, one son and three daughters.
Expert:  DrakeLAW replied 1 year ago.

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.

Expert:  DrakeLAW replied 1 year ago.

Thank you for your question. It has been my pleasure to assist you and I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question. Finally, please be so kind as to promptly rate this answer so that it may be closed in the system. I wish you the best in your endeavors! -Rich