Legal Question in Business Law in Louisiana

My mom is being contacted by debt collectors on a bill my dad had back in the early 1990s. My dad has been dead for 2 yrs. The original bill was $3,000 for accountant work. Now the accountant has added interest to it and it totals $44,000. My poor mother is living on SS and is so distraught over this. Can this man really collect from her after over 15 yrs? She lives in Louisiana. What can she do for the harrassment to stop?


Asked on 12/04/10, 11:23 pm

2 Answers from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

If a judgment was taken against them-he can continue attempting to collect the debt as long as he renews the judgment. If no judgment was taken the debt is too old to collect-3years from date of last payment. She should send a certified letter stating that he is deceased, that she doesn't have the ability to pay and to stop contact.

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Answered on 12/10/10, 4:49 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can only add one other point. You don't say a judgment was obtained. If that the case, and they are pursuing a debt that in almost 20-years old, they are way beyond the statute of limitations (usually 4 years in these types of cases). They have no right to collect on a debt that old. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/10/10, 6:57 am


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