Credit Card Liability for Deceased

[LeggsMalone]

What is the name of your state? California. Credit card company has filed lawsuit against family for balance due on deceased credit card. They say that using card with permission constitutes liability. They also say that we used card after he died and we did not. Should we fight it or settle it. Balance is around 5000.

 

[cmorris]

A spouse could be responsible because CA is a community property state (assuming the debt was incurred during the marriage). A parent, child, etc is NOT responsible. Make them prove who used the card, if at all, after the individual passed. And if this family member (besides a spouse) was an authorized user, they are NOT responsible for payment either.

To be safe, send a debt validation/verification letter (depending on if this has gone to a collection agency or not), certified mail return receipt. Ask for full validation/verification.