My husband was on disability, his cc went into default and a judgement was done in 2003. He went into homehospice Jan 2004 and died August 2004. No one was in contact until now Sept 2012. How do I reply back to them. No estate of his own.
1 Answer from Attorneys
If there was a credit card default in 2003 and there have been no payments made, then the debt is no longer collectible anyway and any attempt to collect is probably a violation of the fair debt collections practices act (especially if they make ANY threat to take legal action). I would just ignore it. There's nothing they can do at this point (and that's not even including the estate issue). If there was no estate then presumably no assets that required probate -- hence, they have nobody to collect from. Again, i wouldn't bother responding at all.
Right now there are groups of businesses out there who have purchased very old and totally unenforceable debts. They buy these for maybe a penny on the dollar -- and then they hope that they can scare at least a few people into paying without realizing that the debts are too old to collect.