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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.