Widows beware/ who's debt is it

Anonymous · ‎11-01-2007

My husband had a card in his name only. 3 weeks after he died they sent a collection letter. I was advised to tell them that it was not my personal responsibilty, he had no assets and wasn't probated. My ss # was not on the card or application. My credit reports were clear of that card and my fica scores were high. I do pay all bills on time. The collection agency has now attached this card to my credit report and have now affected my fica. I do not receive any bills for payment or any other correspondence from this agency. I have read the terms of the card and any correspndence that they sent me with the authorized user card. It even stated that you can get one for your whole family including your teenagers. There's no asterisk stating or for that matter no statment at all as who is responsible if the individual owner of the card passess away. Would a teenager or the man's wife really be responsible for his debt.

Anonymous · ‎11-01-2007

Hi Eunice, welcome to the forum. My condolences to you and yours for your loss.

As far as I know, the only way that you are responsible for the debts on the credit card is:
1.) If you were a joint card holder with him, implying both of you are responsible for the debt(which as I understand it, is not the case).

2.) If you live in a community property state. But I am speaking with no knowledge/experience or education in community property laws.

On the surface it appears that collection agency/credit card company, is in violation of the FDCPA(Fair Debt Collection Practices Act), by dunning you.

I'm sure others with more experience than I will chime in and contribute. We have many very experienced and knowledgeable people on this forum.

Good luck to you.

MidnightVoice · ‎11-01-2007

I think it needs a legal opinion, but I also think that the CCC has rights to obtain what is owed from the estate of the deceased. I paid off all my FIL's bills from the estate fund.

The slide from grace is really more like gliding
And I've found the trick is not to stop the sliding
But to find a graceful way of staying slid

Anonymous · ‎11-01-2007

Eunice,

I'm so sorry for your loss, you are in my prayers.

Even in a community state, husbands and wives can apply for credit "separately". That would lead one to believe that you are not liable for his debt, but his estate (if any) would be liable. Interested in others responses to find out.