Legal Question in Credit and Debt Law in Alabama

Re: Death and Creditcards

If you mother is not a user or an authorized user on the card, she cannot be made to pay the debt. Your mother needs to demand a copy of the credit application or anything else the credit card company has that supposedly evidences her responsibility for the debt. The collection agency is using hard ball tactics to try to scare your mother into paying the debt. Without a judgment against your mother, they cannot collect anything from her, much less take her home. If your facts are correct, there is a clear violation of Fair Debt Collection Practices.

Re: Death and Creditcards

Under Alabama law I don't see any reason she would have to pay assuming she is not on the card. The collection agency telling her they will take her house has gone way over the line. Feel free to contact me if your mother lives in Alabama. If she is in Texas I can get you to a consumer lawyer in Texas who can advise her on her options with suing this collection agency for this type of outrageous statement.

Best of luck

John Watts

Re: Death and Creditcards

I'm sorry to hear about your father/mother's husband. Are you sure your mother did not sign the original credit card application? Did your father have a will? If yes, was it probated and this listed as a debt? If no, was an administration of the estate set up? Did your father have any assets? Have you told the debt collector about your father's death? Is it a debt collector or the credit company making such threats? Have you taped any of the phone conversations (I recommend you do)? The Federal Fair Debt Collection Practices Act and other State laws may protect your mother depending on the facts and circumstances. In fact, she may have a claim for damages if much of this can be proven, and the facts are in line. If your mother is not on the credit card application, never used the card, and didn't make any agreements to pay the debt, she should not be liable for the debt. I hope this helps a little. If you have any other questions, please contact me at [email protected].

Re: Death and Creditcards

In Texas...we would enjoy taking the case if the threat is in writing...great..your mother could sue them for many times what is claimed...and those collection people need to be put out of business..