Legal Question in Credit and Debt Law in Illinois
Debt Collection Law
My grandpa died two years ago, he had credit cards in his name, since his death, one creditor has been after my grandmother who was not aware of the debt, he had his own p.o. box and cards. She never used the card, but they keep sending letters. She's worried they are going to take the money she has saved in the bank. Can they do that?
3 Answers from Attorneys
Re: Debt Collection Law
NO, they cannot, not if Grandpa applied for the card in his own name, your Grandma didn't sign the application or use the card.
If the above is true, then tell Grandma to demand that the collector quit calling her. IF the credit card company sues her (she will know because they would have to sue her in her home county's district court and they would have to serve her with a summons - typically done by certified mail/return receipt requested) all she has to do is show up in court with the death certificate and the judge will no doubt dismiss the case.
Good luck.
Tom Weiss
Re: Debt Collection Law
The answer is: it depends. Your grandmother is not responsible, but your grandfather's estate is responsible to pay these debts. The question is whether a creditor is willing to open an estate and sue the estate.
Re: Debt Collection Law
No, if they were in his name and she was not a user of the cards. As long as his estate has already been distributed, she has nothing to worry about. Please note that an attorney's letter would stop the harassment if the above is true and it is relatively cheap to do so.
Related Questions & Answers
-
Supension can a collection agency supend my drivers license Asked 3/18/03, 4:09 pm in United States Illinois Credit, Debt and Collections Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
