Legal Question in Credit and Debt Law in New Jersey

Deceased mother's debt

My mother passed away in April 2005 in a nursing home in Deptford. She was on Medicaid and had no assests. The hospital she was in prior to entering the home is trying to collect a $750 bill from me. (This bill did NOT come prior to her being on Medicaid.) I was the Executrix of her will, but there were no assets. (I did not find out I was the Executrix until right before she died and was not something I was asked to do.) Everything was surrendered before she qualified for Medicaid. A few people told me I was not responsible for this debt. Did they give bad advice? Am I somehow responsible? Yesterday I got a letter from a lawyer in Mt Holly to whom the collection agency turned over this issue. What should I do? Do I pay the entire $750? Do I pay some? Do I ignore the letter? Will this affect my credit rating? She also has a son. Is he not partially responsible? Thank you very much!! I want to do the right thing. --


Asked on 4/22/06, 10:54 am

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: Deceased mother's debt

Under a Federal Law called the Fair Debt Collection Practices Act (FDCPA), you have a right to request verification (proof) of the debt within 30 days of your receipt of the lawyer's letter. The lawyer must then cease ALL collection efforts until he provides the verification. If he continues his collection efforts without first providing the verification, then he has violated the FDCPA, subjecting himself to liable to you for up to $1,000 in statutory damages, any actual damages and he will have to pay attorney's fees. You should send your letter by certified mail, return receipt via the Post Office. Include the reference info from the lawyer's letter and simply say somthing like: Please be advised that I am in receipt of your letter dated XXX XX, 2006. Please be further advised that I dispute the validity of this debt and request that you send me verification. Verification should include the legal basis as to why I am liable for this debt. In addition, all future communications from your office should be limited to written correspondence.

If you would like additional info, feel free to visit my website: www.njconsumerfraudlawyers.com

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Answered on 4/22/06, 2:03 pm


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