Legal Question in Credit and Debt Law in Maine

My father passed away couple of months ago and we recently found out that he had a credit card with a $1200 debt on it. My mother is still alive and lives in the house. My mother recently recieved a letter from a credit card collection agency requesting payment for the card. The card is in my fathers name. My mother lives on social security of $1005 a month and now has to collect food stamps. She sent a death certificate to the credit card company saying that he died. They still want there money. She lives in the state of Maine. What can she do?


Asked on 4/04/10, 1:50 pm

1 Answer from Attorneys
scott logan Law Office of J. Scott Logan, LLC

If there are no assets in the probate estate, the collector cannot seek payment from your father's estate. If the collector has started addressing correspondence to your mother and she did not enter the contract as a co-obligor, she may have a fair debt collection practices act claim.

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Answered on 4/09/10, 2:57 pm


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