credit card considered open account?

[smbclifton]

What is the name of your state? SC

You have helped me in the past. My husband died very recently, and a credit card company called today. I asked for validation of the debt, and the man said "you don't want to do that, as the creditors will then refuse to negotiate and sue you immediately"

He also would not give his address. I do not recognize this debt and cannot find anything pertaining to it.

the DOL is 4/03/2003. the delinquicy date is 9/03/2003. (this from him, as I was trying to see if I could remember anything about this debt.

Is a credit card considered a 3 year SOL? if so, it JUST passed.

I finally got the address when I called and talked to someone else.

Ideas? Can I send a cease and desist letter and let them know I BETTER be properly served, and will use SOL as defense.

thanks!

-sheila

 

[K'Ta]

Is this your late husband's debt? (My condolences) Or does it belong to you? If it's your late husband's debt YOU don't pay. His estate, if any, pays the debt.

Send the letter telling them to buzz off. If they sue you THEN you can play the SOL card. No need to explain anything to them, they don't care what your situation is or anything other than when and how much you're going to pay.

ETA: I mistakenly assumed it was a CA that called you, but in your message you state the credit card company called you. Which one is it?

 

[Ladynred]

If the date of the last payment was 4/2003, then the SOL started to run in 5/2003, and the SOL EXPIRED then end of MAY 2006. It is most definitely past the SOL if you can prove that last payment date. Even if it turns out to be Sept, you DO have the right to request validation. If your name was never on this account and was solely in your husband's name, tell them to take a long walk off a short pier, YOU are not personally liable for any of it.

Debts of the deceased are paid out of their estate thru probate. IN SC they have a 'small estate' probate even for small amounts of assets (been thru this, my Mom passed away in SC last year). If there was no estate, or the estate was insolvent, then creditors get ZERO.

the man said "you don't want to do that, as the creditors will then refuse to negotiate and sue you immediately"

THAT is nothing but total B.S. !

If the debt has been delinquent since 2003, there's almost no chance the original creditor is calling, it's a collection agency.

 

[smbclifton]

Yes, sorry, it IS a collection agency. they asked for him, but when I explained that he was deceased, they asked me for my name. I'm still going through his papers, as he was one of those really bright guys who never could find his wallet.

they are in for a surprise. they think I'm a grieving widow who is clueless about finances.
I plan to ask for validation (return receipt requested) and inform them that the SOL has passed and I will be happy to let them spend their money taking me to court only to have it thrown out for SOL passing.

If it's the one I think it is, hubby paid WAY more than the original debt plus interest (36%) plus late fees.

sound like a plan? thanks.

 

[K'Ta]

If the SOL is up you don't need validation. All you have to do is tell them to pound sand.

And if the debt turns out to be in your late husband's name only then you don't have to tell them anything. All you have to do is get a copy of the death certificate to them.

 

[smbclifton]

Thanks so much.
I am willing to pay a legitimate debt, whether mine or his, but the fact that the way they handled the request for validation sounds fishy. for all I know they got it from the obits.

and like I said, if it's the one I think it may be, he has paid more than the original debt plus the sky-high (36%) interest. I don't feel sorry for them.

I'll try to remember to let you know the outcome. I'm going through some testing right now to rule out a return of my cancer. the card sharks right now are on the bottom of the worry pile.

thanks again.
-sheila