Debt Collection

A decedent's estate is responsible for payment of the debts. If there is any property in the estate, the debts must be paid before any property can be distributed to the heirs. If there is no property the creditors are out of luck.

The person to whom you owe the money would need to file a document with the courts notifying them the judgment was satisfied. I would then suggest that you keep copies of these documents also since old debts some times have a bad habit of popping back up.

yes and no, bank accounts can be frozen subject to a levy or garnishment order, however you have the right to go before the judge within 30 days of the hold being placed on the account to explain your financial problems. If you have not been provided with that notice you should contact the clerk of courts, or a non-profit legal assistance program.

Honestly, there isn't a defense that has ever won, except for claiming that the account was not yours and that your a victim of identity theft, however unless that is true you then you can not claim that.

You could however claim that you want to make payments however they refused to accept the amount you could afford to pay. My firm had sued a debtor and got that answer and the judge forced us to accept $10 per month on a $7,000 credit card bill; however the woman had to jump through rings of fire to prove her limited income.

Lastly, if this was a sub-prime card, you could try to claim you had been a victim of predatory lending, but then your going to need a good attorney; so it might be cheaper to just workout a repayment plan.

I would say the best answer is to go back to Chas Levy with the old check and request a new one. Most banks will not accept a 7 year old check for deposit, and if they did there is a chance the account information or bank may have changed during that time frame. Lastly, since the statues of limitations have expired on this check there would be little to nothing you could do to fight to get it paid.

Well as with anything about the law it is subjective, and violations are not determined by the complainant (you). If you do feel that your rights have been violated, you should Google FDCPA Attorney and explain them what happen and if they agency did violate your rights they will represent you as you are entitled to get PAID if they did.

If the two of you are married, I believe you are responsible.

In most cases a card holding spouse can add the other as an "authorized user" without permission, however those types of cards are not liable for repayment of the balance, even on transactions preformed on their card. It is not legal for one spouse to add the other on any credit applications has a "co-signer" without that persons permission. However, the liability would not be in the hands of the credit card company, since if you are listed as a "co-signed" and claim you did not agree, sign-up or give you spouse permission, you risk your spouse being turned over to the States Attorneys office for consideration of Credit Card and Identify Fraud.

It would be illegal for anyone to provide you with such information, however I am sure you can call around some private investigators to find one that would dig through his trash looking. However, if you have a legitimate need for the information, like if your husband is failing to make child support payments by claiming not to have the income or cash to support the payments; then you should contact your local clerk of courts or attorney for direction.

Yes, any garnishment for federal student loans has the ability to take your income tax refund checks without any notice, since such ability is prescribed by law or regulation.

If the estate was duly probated and is now closed then the creditor is out of luck. When an estate is probated a notice is published and the creditors have a certain time period during which to file a claim with the probate court. That time period varies from state to state. If that time period has passed the creditor cannot collect.

Any and all assets of a deceased can be used for the repayment of his debts. However, if the pension is making a lump sum payment to a "beneficiary" like a spouse, then it would not be considered an asset of the deceased and you could fight any claims a creditor might make, but if it just pays out to the deceases estate then its fair game for payment of any debt therein.

Yes, typically if you already had a pending payment, broken promise, or repayment plan, then typically the first agency would retain the account until you have completed the arrangement. However, if there was never such arrangement, and both are attempting to collect the same account, then you should inform both of them of the other intentions. It could have just been an placement error between the original creditor and the collections agency, as it would be illegal to submit the account to multiple collectors at the same time.

Under current laws, a bad account remains on your credit report for only 7-years from the last payment date. Other types of debts, and even public notices, remain on your credit for longer. The right thing to do is pay your bills, do so on-time, and always make sure not to over spend on credit.

Generally no, however any shared assets, such as a bank account or home, would be subject to levy and/or garnishment for his unpaid debts. Also, some debts where you had a shared benefit could attempt to attach liability on you, especially if they showed in court any attempt to shelter or harbor assets in your name to avoid attachment to your husbands debts. However, the best way to avoid problems is to have your husband at least workout a repayment plan.

For starters, a creditor or collection can not just freeze accounts, unless this creditor is your bank and they have some more powers over your accounts. However, if you had an unpaid personal bill, generally it would not be attachable to your business, and vice verse, unless there was a guarantee involved.

Yes, but only by an order of the courts brought by a motion from the plaintiffs for such wage garnishments to occur. The bank or collections agency can not garnish wages without the courts, and if they threaten to take such actions without intentions or ability they may be in violation of State and/or Federal collections laws.

You cant get arrested if you ask someone for your money back you can only get arrested if you threaten them or hurt then for money.

The Estate of the Deceased, all debts are paid from the assets of the estate, and anything else left over is provided to the heirs in accordance with their will, or if no will by equable division by the probate court. If all the assets are liquidated and there is a balance still due to creditors heirs get nothing but are not responsible for any of the debts.

However, if a family member was a co-signer, or guarantor to any loan or service then they would be responsible for those balances; including nursing home care, etc.

Yes, if they obtain a judgment on the past due claim and then file a Motion for Garnishment or Levy on your bank account. They however can not just take this action without the courts, and if they are claiming that they "will" attach your back account then they could be in violation of collections laws that aim to prevent making misleading or fraudulent claims to debtors.

If you suspect they are trying to mislead you into thinking if you do not pay them that they will take the balance from your bank account, or that they have the ability to do such actions without explaining the legal process, I would direct you to contact an FDCPA attorney as you may be entitled to damages for their violation of State and Federal collections laws.

Any shared assets, property or bank accounts, would be subject to attachment from this judgment. For real estate, the judgment would come up in a title search, and any profits from a sale subject to repay that obligation. With banking accounts, the judgment holder could file for garnishment or levy, but they would have to know the bank account details in order to take such actions. Best suggestion is to be safe with holding any shared assets, since once it touches his name its chum for the sharks.

The estate must be probated and the creditors will be given notice. The decedent's debts must be paid by the estate before any property can be distributed to the beneficiaries.