Legal Question in Credit and Debt Law in Indiana
Credit Card
My father passed away a few months ago, I am still getting mail and notifying people/ companies of this. I got a collection notice of a credit card from an incident 12~15 years ago. Someone stole his credit card carbon out of the trash number from a hotel he had checked into and racked up $16,000 in debt (he only had a 5000 limit), he paid what his balance was and said that was it, the guy that stole his number had served time for this thief.I remember him saying a lawyer told him not to do anything years ago. I called this company and said he had passed and the lady was really rude and would do an Income research to go after anything he or my mother had left. My father had no estate, a house in both his and my mothers name is it. The credit card was in his name only, is their any recourse to get this stopped? Can they come after the house? Is there a time limit? Why has this gone on so long if they can collect? Thanks for any help,
1 Answer from Attorneys
Re: Credit Card
Tell these unwashed philistines that you never want to hear from them again. Follow up with a written certified letter. Their claim is unenforceable for a number of reasons. First, the debt was based on fraud, for which the culprit has been punished. They should be chasing the culprit if he is out of jail. Second, the limitation of action on the debt has expired, so even if it were a valid debt, it would have to have been brought to the courthouse within six years. Third, this must be a claim against the estate of your deceased father, not your mother and not you. If they think this is a valid debt, they can open an estate and try to collect. But they won't because they know it is bogus and would be a waste of money. Finally, just for your information and your mother's information, the debt collectors on this account probably bout the account for a couple of dollars. Anything they do collect will go to them, and not to the credit card company. And super finally, your Dad was not required to pay any of the fraud charges, so he probably overpaid all those years ago. Good luck. P.S. The more I think about it, the more I think this must be a scam, and I suggest you contact the attorney general consumer protection division. Here is the link.
http://www.in.gov/attorneygeneral/consumer/filecomplaint.htm
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