Legal Question in Credit and Debt Law in New York

My wife died. Do I have to pay Capital One or Beneficial for her bill? My name's not on them and has nothing to do with me. This was her business as far as I'm concerned. She can't pay it anymore so why should I be responsible for it? How do I get them to stop harrassing with collection calls. Ian


Asked on 1/25/12, 6:01 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

You are probably not liable for these debts. Unless they were incurred for necessities while you abandoned her. Absent that fact pattern, the creditors are all in violation of the Federal Fair Debt Collection Practices Act. You can recover a penalty of up to $1000 per phone call (log them and keep any mail they send you) plus attorneys fees. They will stop promptly after being sued, but by that point, the horse will have left the barn.

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Answered on 1/27/12, 6:25 am


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