Legal Question in Credit and Debt Law in California
I have a family member who just lost her husband and is now being inundated with calls from his creditors with whom she was not on any of the accounts for telling her she needed to pay them off or have certain properties taken. Can they do this? She cannot return to work yet as her psychiatric evaluation deemed her unstable at this time to work so she has no income coming in. What can she do to catch up on these bills and stop the calls. Can she claim bankruptcy? Please help.
2 Answers from Attorneys
Have a lawyer write to the creditors and tell them not to contact her anymore.
Whether she is liable for the credit card bills may depend on what they were used for--e.g. were they used for necessities (.e.g food, shelter, etc.) for them both or for other things?
Whether she is eligible to file bankruptcy depends on a number of factors and the best approach would be for her to obtain a free consultation with an experienced bankruptcy lawyer.
While she tries to figure out her options, she can send a letter herself telling them to stop ("cease and desist") contacting her other than in writing. It can give her a bit of breathing space, though it won't provide any final resolution.
I hope that helps.
www.cervenolaw.com.
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