Legal Question in Credit and Debt Law in Indiana


My father passed away in 2006. He had a hospital bill in his name. Somehow they had the bill put in my mothers name. Now in 2008 they are calling demanding payment amount which she can not afford. A certified letter disputing what was owed and offered to settle this account and explained she was on a fixed income and this was all she could afford, they told my mother on the phone they will not accept and continue to call and harass for payment. One of debtor says he was a lawyer and he will see her in court and garnish wages. They called again a day later saying they same thing with harassing statements and threats. They have called and said that a lawsuit paperwork was sent out--name removed--about two weeks ago) but they still calling and demanding payment. She has not received any lawsuit summons What more can we do?

Asked on 2/25/08, 6:00 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Debtors

As these are debt collectors, they are probably lying. if your mother was married to your father at the time of his death, then she may be obliged to pay for his medical expenses. It is unlikely that one of the debt collectors is really a lawyer. Send these debt collectors a letter by certified mail, return receipt requested, restating the facts that this was your father's debt, tell them that in Indiana statute of limitations on a debt against a decedent is nine months, and that they are never to call you or your mother again. Then, if they do, your lawyer can use the evidence of the certified letter to collect damages for you and attorey fees. Good luck.

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Answered on 2/25/08, 7:26 pm

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