Legal Question in Credit and Debt Law in Illinois
Credit card debt liability after death
My uncle died three years ago (5/2000) with a credit card debt of $7,600. It was in his name only. My aunt paid the monthly payments because she thought she was legally required to. In November 2002, she was told by customer service reps at credit card company (the credit card company was trying to talk to my uncle to offer him a different credit card - my aunt at that time told them my uncle had died) she did not have to pay because my uncle died - no will or estate. Only assets my aunt has is a 1982 car and very old house. She has no savings and lives on a fixed income. From (5/2000 until 11/2002, my aunt made payments on time and paid a total of $3,900 - balance is now $5,600. Even though credit card company charged off the balance in November, the amount was turned over to a collection agency who is now threatening legal action unless she at least settles with them and pays half of remaining balance. She does not have the money. It would be a hardship to try to pay even half of the remaining balance. What can my aunt do? Is there a chance the collection agency could be successful in any legal action against my aunt? Thanks for any advice.
1 Answer from Attorneys
Re: Credit card debt liability after death
The collection agency is simply trying to pressure your aunt into paying. If she is NOT on the application and doesn't have a card issued in her name she should stop paying. She needs to tell them that her husband is dead and she isn't going to pay his debt. They will try to pressure her into paying. She should resist. She should probably write them a letter setting forth the facts and directing them NOT to contact her in any way in any form in the future. She should not believe anything they tell her.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
