Legal Question in Credit and Debt Law in Texas

10 Year old hot check for a dead man, can they collect?

I just received a phone call today from an Investigator, who wanted to collect on a hot check from 10 years ago. The only problems are the check was written by my dad who has been dead for over a year now and they want to collect from my mom. My parents had a joint bank account at the time of the check. They told me if we do not pay today then they will take my mom to court. Can they do that? Is my mom responsible for the payment on that check?


Asked on 8/21/03, 3:15 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: 10 Year old hot check for a dead man, can they collect?

Anyone with the filing fee can take anyone else to court. Making it stick is the challenge.

Here a 10-year old debt is well past the statute of limitations. Write to them, certified mail, telling them that all subsequent communications about this ancient debt are to be in writing.

If they bring a lawsuit, contact an attorney who's familiar with the Fair Debt Collection Practices Act.

Read more
Answered on 8/21/03, 3:37 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Texas