Legal Question in Credit and Debt Law in Kansas

My wife received a notice by mail, no signature required, that her Benificial "unsecured loan" which she co-signed for her late husband, had been turned over to an Attoneys office demanding payment "in full" with 30 days to respond or dispute or pay. The loan stems from her first marriage,thus, reflects her last name from that marriage. We have been making the monthly minimum payments for 5 years to try and repair her creidit. I have copies of the checks that Benificial has been recieving only for the last 2 years, that's as far as my bank posts documents.

During the 5 year piriod we received occassional statments from Benificial, but they where hesitant to disclose how much the bablance was.

Is this scare tactic leagal? We live in the State of Kansas, which aslo is where the Attorney's office is located. Please advise


Asked on 5/17/10, 9:41 am

1 Answer from Attorneys
Anthony Smith LawSmith

Your wife should write to the attorney requesting a verification of the amount allegedly owed. If your wife has been making the minimum payment (and is not behid) then Beneficial has no right to secure a judgment against her. It could be that the case was sent to the attorney by mistake. If you show that the payemtns have been made, and demand the verification, the atotrney shoudl ba able to catch the mistake. if not, then your wife has other issues to consider, and should consult directly with an attorney in your area.

Good luck

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Answered on 5/25/10, 9:42 am


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