Legal Question in Credit and Debt Law in Texas

I informed a credit card company (Slate) of my mother's (the debtor)death. The company has since given the debt to a collection agency to handle. The collection agency sent a letter to me (decedent's PR)saying "Please accept this letter to be Notice of Claim on behalf of our client." Slate received the notice of my mother's death on March 16, 2012. I received the letter on July 20, 2012.

Questions:

"Please accept this letter to be..." Is it officially a Notice of Claim (against estate.)or is it not?

Has the statute of limitations (four months) past, or will it have past after July 31?

(Texas law.)


Asked on 7/23/12, 7:57 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

How did you "inform" these folks?

You need to write them a letter - paper letter - keep a copy - mail it to them by certified mail (it will cost you about $5.59). Don't use a phone or email.

Them sending you a letter is not a "notice of claim" against an estate. Have you opened an estate in probate court?

The statute of limitations on debt is four years.

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Answered on 7/24/12, 5:32 am


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