Legal Question in Credit and Debt Law in North Carolina
Surviving spouse responsible for med.debt ?
My sister lives in NC. Her husband (uninsured) died from cancer. Is she responsible for his medical debt? How can she handle collection attempts (dailly phone calls, letters)? The calls are regarding unpaid bills for doctors' visits, hospital stays, separate charges from labs, etc.
1 Answer from Attorneys
Re: Surviving spouse responsible for med.debt ?
The answer is it depends. She could be a guarantor, she could have signed something, etc. She should let them know that her husband is deceased and may need to send them some proof. To handle the collections letter and calls, she could seek some help - from a debtor's attorney, etc.
The important thing is not to ignore everything because you don't want a situation where her credit is hurt or she gets sued and loses because she doesn't respond.
Also, the creditors have to adhere to the Fair Debt Collection Practices Act so if you they violate that, she could sue them for penalties.
She should either read up on this or get someone to assist her. It is usually much better to deal with the creditors in writing by certified return receipt mail so you hgave documentation. Also, keep a log of all phone calls.
- Jeff