Credit Card Debt Incured Upon Death of a Spouse
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Posted: Wed Jan 12, 2005 11:15 pm
Post subject: Credit Card Debt Incured Upon Death of a Spouse
Kay
Date: 8/11/2000 9:07 pm CDT
My husband has died there is no estate and there will be no probate. I was not a co-signer on the card in question but had a card to use. Will I be obligated to pay off the card. They asked for a death certificate and one was sent and they said over the phone that would take care of it. I live in Missouri, but today I received a payment due slip for the estate of Kenny ....and it now has my name attached. Can they make me pay this account. I have not authorized them to put my name on the account. I am on a fixed income with a broken leg from an accident before my husband died. I am having to re-finance the house to even make the payments and am worried if this credit card could hurt my credit. Please let me know! Thanks
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Posted: Wed Jan 12, 2005 11:16 pm
Post subject: Credit Card Debt Incured Upon Death of a Spouse
Board Monitor - AD
Date: 8/13/2000 5:07 pm CDT
Dear Kay,
Though you may not be be a co-signer on the account, sometimes debt collection agencies (or credit card issuers) will seek payment where possible if the amount is considerably large.
I would recommend that you seek legal advice with someone who is familiar with your state laws, as your liability may be limited. Since this does not only involve credit card accounts, but other issues at hand, it may be worthwhile contacting a lawyer on such issues.
Sincerely,
Alex D.
http://www.creditcardfreedom.com
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Posted: Wed Jan 12, 2005 11:17 pm
Post subject: Credit Card Debt Incured Upon Death of a Spouse
cdlilly
Date: 8/26/2000 8:40 pm CDT
You are not responsible for his payment due. If there was a payment to the estate, since I dont understand probate much, then you are not required by Visa or MasterCard regulations to pay the debt. You were not a signer on the application. (even if you used the card without your dear husband present, but had his premission. This only represents that the clerk should have refused the card, since it had a man's name on it) Merchants are required by Acquirer Visa MasterCard regulations that they check signatures on the sales slip to the back of the card, merchants are to check names to the imprint of the card to the way it was signed. Keeping in mind if the back of the signature area does not match the signature on the sales slip and its obvious that its not a like then the merchant should decline the sale.
That should at least give you some knowledge on regulations.
You need to certify a letter to the bank, returning the statement and include the death certificate. Drafting a letter stating your name was not included on charge card application, there was never a card issue to Mrs Such N Such. That this is strong arming the customer to get the balance due.
If that does not work, then do the following two things. One write your bank and request that they forward your complaint onto Visa and MasterCard for assistance. The assistance they would be providing is getting the regulations inforced.
Secondly don't be afraid to call the CEO on this matter.
Write down from this point on whom you talked to about this matter.
Informing him if the conversation goes hostile that you will be glad to inform the newspaper, radio stations and television stations. How would that look that a bank is screaming for money, when he is dead and his wife was not an owner to the card.
Good luck and I hope you are managing with your loss. God Bless.
CardRatings.com is the most comprehensive source for comparing credit card offers. Please visit CardRatings.com to view the best rated credit cards!
Posted: Wed Jan 12, 2005 11:15 pm
Post subject: Credit Card Debt Incured Upon Death of a Spouse
Kay
Date: 8/11/2000 9:07 pm CDT
My husband has died there is no estate and there will be no probate. I was not a co-signer on the card in question but had a card to use. Will I be obligated to pay off the card. They asked for a death certificate and one was sent and they said over the phone that would take care of it. I live in Missouri, but today I received a payment due slip for the estate of Kenny ....and it now has my name attached. Can they make me pay this account. I have not authorized them to put my name on the account. I am on a fixed income with a broken leg from an accident before my husband died. I am having to re-finance the house to even make the payments and am worried if this credit card could hurt my credit. Please let me know! Thanks
CardRatings.com is the most comprehensive source for comparing credit card offers. Please visit CardRatings.com to view the best rated credit cards!
archive
Posted: Wed Jan 12, 2005 11:16 pm
Post subject: Credit Card Debt Incured Upon Death of a Spouse
Board Monitor - AD
Date: 8/13/2000 5:07 pm CDT
Dear Kay,
Though you may not be be a co-signer on the account, sometimes debt collection agencies (or credit card issuers) will seek payment where possible if the amount is considerably large.
I would recommend that you seek legal advice with someone who is familiar with your state laws, as your liability may be limited. Since this does not only involve credit card accounts, but other issues at hand, it may be worthwhile contacting a lawyer on such issues.
Sincerely,
Alex D.
http://www.creditcardfreedom.com
archive
Posted: Wed Jan 12, 2005 11:17 pm
Post subject: Credit Card Debt Incured Upon Death of a Spouse
cdlilly
Date: 8/26/2000 8:40 pm CDT
You are not responsible for his payment due. If there was a payment to the estate, since I dont understand probate much, then you are not required by Visa or MasterCard regulations to pay the debt. You were not a signer on the application. (even if you used the card without your dear husband present, but had his premission. This only represents that the clerk should have refused the card, since it had a man's name on it) Merchants are required by Acquirer Visa MasterCard regulations that they check signatures on the sales slip to the back of the card, merchants are to check names to the imprint of the card to the way it was signed. Keeping in mind if the back of the signature area does not match the signature on the sales slip and its obvious that its not a like then the merchant should decline the sale.
That should at least give you some knowledge on regulations.
You need to certify a letter to the bank, returning the statement and include the death certificate. Drafting a letter stating your name was not included on charge card application, there was never a card issue to Mrs Such N Such. That this is strong arming the customer to get the balance due.
If that does not work, then do the following two things. One write your bank and request that they forward your complaint onto Visa and MasterCard for assistance. The assistance they would be providing is getting the regulations inforced.
Secondly don't be afraid to call the CEO on this matter.
Write down from this point on whom you talked to about this matter.
Informing him if the conversation goes hostile that you will be glad to inform the newspaper, radio stations and television stations. How would that look that a bank is screaming for money, when he is dead and his wife was not an owner to the card.
Good luck and I hope you are managing with your loss. God Bless.
CardRatings.com is the most comprehensive source for comparing credit card offers. Please visit CardRatings.com to view the best rated credit cards!
posted by CardRatings.com at 3:42 PM
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