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My desceased father's medical collection account was

Customer Question
My desceased father's medical...

My desceased father's medical collection account was attached to my credit, it this legal?

Lawyer's Assistant: What state is this in? And when did the issue begin?

CA he died 2/29/2015 it was first attached to my credit 11/2015

Lawyer's Assistant: Have you contacted the manufacturer?

You mean the collection company?

Submitted: 11 months ago.Category: Legal
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Answered in 1 minute by:
9/14/2017
Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,105
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The answer to your question is no, unless you agreed to assume the debts of your father. Generally, the collections agency can only collect from the estate of the deceased person. If you were not provided services or if you did not make a promise to pay, then you will not be required to pay under the Fair Debt Collection Practices Act. Under the Fair Debt Collection Practices Act at section 1692(e), it is unlawful for a debt collector to say that you owe a balance when you do not. In the future, you may want to consider just writing a cease and desist letter (click here) for all collection attempts under the FDCPA. Lawyers use letters like these on the regular basis to enforce their client’s rights. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. If they continue, then you should file a complaint with the FTC regarding their action.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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