Legal Question in Credit and Debt Law in Virginia
My sister died in Dec 2008. Beginning around Sept 2010, she started receceiving phone calls from Citibank in regard to a credit card account that was behind in payments that was in her name but that had been being used by my sister and her husband. My mother was unaware of this account until she started receiving these telephone calls.
My sister's husband remarried approx 6 months after my sister's death and we do not commuicate with him on a regular basis. When my mother began getting these telephone calls,she was told that he had continued making the payments until approx Aug 2010 when he was laid off from his job and was unable to make the payments.
She was able to contact him and he confirmed this and advised her that he would notify the credit card company of his liability in this regard.
She also sent a letter to the credit card company explaining all this and advising that he should be the one responsible for this debt
I know my sister had a life insurance policy and he was a recepient of that so this debt should have been paid from that money but he choose not to so.
My mother is 83 years old and these continued telephone calls are very upsettng to her. Not only does it remind her of the death of her daughter, but she is very tired of having to tell the same story over and over. She lives on Social Security so she does not have the means to pay this debt and should not be liable for it.
Since she was NOT aware of this account and has NOT made any charges or payments on it, what can she do, legally, to get this account out of her name and into his.
Thank you,
Diane Clifton
1 Answer from Attorneys
Unfortunately, if your mother signed the original agreement for this card account
as an applicant she may be liable for the charges. Therefore, she should demand that the card issuer forward a copy of this agreement with her signature to her in order for a determination to be made as to her possible liability for these charges, and if they cannot do so, then they should be so informed that they must cease and desist all further contact with your mother or she may have to hire legal counsel to pursue them for possible violations of the Fair Debt Collection Practices Act (FDCPA) as well as other applicable state and federal laws.