San Francisco, CA asked in Collections for California

Q: Debt collector sues in the name of a deceased spouse, not living spouse & debt was incurred before marriage.

1. Commonwealth Financial Systems is trying to collect for an ambulance bill incurred by my late husband in March 2015.

2. My husband and I were married in June 2015, after service occurred.

3. My husband passed away in 2017.

4. I have verification of a $500.00 amount paid to the ambulance service for whom Commonwealth is said to be collecting. Commonwealth Financial systems is asking for almost $3,000.00.

5. All credit bureaus have received notification of husband's death.

6. My husband's name (not mine) is still on the paperwork sent to me by Commonwealth collections, threatening legal judgment.

If they go after a judgment in name of late husband (not mine) how do I respond? There is verification that this debt was paid so why are they asking for payment at all let alone almost 6 times as much as the original amount? The date of the service that supposedly was not paid predates the date of our marriage. This is the first letter I've received from them.

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1 Lawyer Answer
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Paying $500 is not necessarily the same as paying the entire billing. Your husband's estate would be liable for his debts, if any. It's unclear whether your husband's premarital estate holds or held any assets. If you are served on behalf of your husband, send the Plaintiff's attorneys a copy of your husband's death certificate, along with a copy of your proof of payment. You may wish to contact an attorney who is knowledgeable in debt collection to discuss in detail. You may have rights if the Plaintiff is improperly attempting to collect this debt from you.

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