Legal Question in Credit and Debt Law in Pennsylvania

My ex-husband passed away on January 16, 2001 (13 and 1/2 years ago). My son received a bill from the Bon-Ton in his father's name. Is my son legally responsible for this bill?


Asked on 7/30/14, 6:12 am

1 Answer from Attorneys

NO! Why would your son be responsible? Does your ex-husband and son have the same name? Is this a common name and they have sent the bill to the wrong person? Could this be a possible case of identity fraud or theft?

You do not really indicate any relevant details here. With regard to the bill, is it from a debt collector or the Bon-Ton itself? Was the bill last paid recently? Is your son now an adult? Has anyone, either you or your son contacted whoever sent the bill?

Just because you are not liable does not mean you can throw this away and not look at it or take action. Depending on who sent the bill, a letter needs sent;. If the bill truly is for the ex-husband, then the letter should contain a death certificate and indicate that he died 13 1/2 years ago and that any time for filing the claim has past and the statute of limitations has expired and in any event neither you nor your son is liable for the debt at this date.

If this is for an account created after your husband died and more recently, I would be stating that your husband died and that the creditor is either mistaken or else this is a case of mistaken identity and to send a fraud affidavit.

If your son has the same name as his father and if he is an adult, has he checked his credit report to see what is on there? While zombie debts do arise, identity fraud/theft is also possible. If your son has many strange accounts on his credit report then he needs to go to www.privacyrights.org and follow the steps on fact sheets 17 and 17a for civil identity theft.

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Answered on 7/30/14, 9:20 am


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