It's A Matter Of Life... And Debt: Know Your Rights

After the death of a loved one the last thing you are thinking about is outstanding debts, but unfortunately that is something many of us have to deal with, and in a timely fashion. It is good to know the laws that prohibit creditors from certain practices if you are dealing with this issue at present. This article is about one woman's story and how she dealt with such an issue.

It was January, 2001; one month after my husband's death. I awakened one morning to an envelope sent by a dauntingly large law firm; something that no one needs to receive immediately after you have buried your beloved. Left in both emotional and financial ruin at that point in time, I was also recovering from emergency (and major) abdominal surgery and my father had just been diagnosed with terminal cancer; from which he passed away three months later.

It was not an especially good season in time.

I anxiously tore open the envelope and was floored at its contents. After a terse and insincere "Sorry for your loss..." salutation, the letter went on to state that they were representing a financial institution that held a credit card and a credit line belonging to my late husband Mike; both opened seven years prior to our marriage. The letter further stated that I was "obviously responsible" for "taking care of your husband's obligations" and that if they did not receive payment in full within 30 days, they would take further action against me. This is in spite of the fact that while I did hold both business and personal accounts at this institution, my name had never been associated on the particular accounts that Mike held, nor had I ever once utilized his accounts.

Did I happen to mention that the actual institution never contacted me personally, despite Mike's over-25 year history with them; that they instead simply referred the matter to a law firm? Did I also neglect to mention that almost all of the officers and many of the employees of said financial institution were guests at our wedding? And his funeral?

Do I have to tell you how enraged I was?

First, rather than contact me personally, the matter was instead hastily referred to a law firm. Secondly, they were clearly attempting to (1) take advantage of someone in an obviously vulnerable state and (2) collect on debts for which I knew I was not responsible.

So despite the rage, the vulnerability and an extremely sore abdomen, I dusted off my own legal prowess and sent them a letter in response. I none-too-kindly informed them that Mike's accounts and the debts associated with them were not in my name, that these debts were amassed long before we were married and that if they continued to harass me, they too would be hearing from an extremely large and intimidating law firm in response.

I never heard from them again.

To read more:

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