Q: I am the creditor to a court ordered instalment plan where the debtor has died. Most likely no will
His partner at time of debts til present, knew he was borrowing money from me and also benefited from it. She also helped in lying about his living arrangements and conditions of bail for his 5criminal charges dealing with a minor. How do I collect this debt?
A: Creditor, you may want to make a claim against the estate of the debtor and send written notice to the surviving partner. If the debt was in the company capacity, then the company should be responsible for paying. If the debt was made in his personal capacity, then his estate should pay for the debt. Once the estate is opened, you can make a creditor claim. Be sure to check carefully because there probably a time limit to file. Filing the claim goes a long way in getting paid. If no probate or no one is cooperating, you may have the option to open the probate yourself to get your debt paid. Here in Washington State, a creditor is allowed to open a probate so they can get paid. I would check with an experience probate lawyer in your county to determine what steps would work better for 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.
