Legal Question in Credit and Debt Law in California

Am I responsible for the credit card charges of my deceased California registered domestic partner? I have a collection agency wanting payment.

Asked on 2/22/12, 5:59 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

As a general rule, you can only be held responsible for the debts if you were also a responsible party on the debt. I don't believe that the law has caught up with registered domestic partnerships to give creditors a right to pursue the partner for a debt incurred while registered. For married individuals, a creditor can pursue the other spouse for the deceased spouse's debts under community property laws. Again, I don't believe that California law has caught up with that yet. Tell the collection agency (in writing) that you want proof that you are liable for the debt, otherwise, let them know you will be hiring an attorney to pursue Fair Debt Collection Act violations by their company.

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Answered on 3/01/12, 1:34 pm

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