Legal Question in Credit and Debt Law in New Jersey

Being sued by nursing home for fathers's debt

My father died in a nursing home in 1999. He was deeply in debt when he became ill and had no assets. Only a small portion of his care was covered by Medicare. The nursing home billed me for his balance several times in early 2000, but I always responded that I was not the guarantor and that they should seek payment from New Jersey State Medicaid (a hospital provider had filed a Medicaid application on his behalf.) The last bill I received was in May or June 2000. In February of 2000, I received a summons from the nursing home's attorney suing me for approximately $18K claiming they had a contract with me to be responsible for my father's account. I have asked for a copy of this contract in writing (via certified mail) as a pro se defendant (with copiers to the court) and have not received a copy of anything signed by me. Several attorneys have told me it will cost me at least $3,000 to hire them to defend me even though it appears that the nursing home has no case. How can I make this go away without costing me money!


Asked on 8/19/02, 2:33 pm

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

Re: Being sued by nursing home for fathers's debt

I don't know whether you can get out of this situation without paying anything. It depends on some facts. If you were the executor/executrix of the estate, then there may be a basis to sue you. There may be some issues relating to the Fair Debt Collection Practices Act. If it applies and the attorney suing you violated this law, then you may be entitled to attorney's fees and damages. You may also be able to make out a claim under the New Jersey Consumer Fraud Act if the home is indeed suing you for a debt for which you are truly not responsible. You can reach me at 973-479-5814 to discuss further.

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Answered on 8/19/02, 3:21 pm


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