What can I do to cease communication with the credit card company about my deceased husband's debt?

Full question:

My husband died Nov. 2006. Soon after I received a collection notice from American Express in the amount of $8,200. I was not aware my husband had taken out an American Express Card. I sent the collection agency a copy of his death certificate and informed them that he left no life insurance and had no estate. I am not named on this card. Now I am receiving letters addressed to the Estate and the amount has gone up to $8,800. I do not have the means to pay this account. What recourse do I have.

Answer:

We understand your concern and are sorry to hear about your Husband. Generally, only assets that he owned and are part of his estate would be subject to the debt. If there are no estate assets there is nothing for them to get paid from. You might advise them of this in writing and demand that they discontinue contacting you under based on the requirements of the Fair Debt Collections Act, which require that they cease communications when requested.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Generally, you are not personally responsible for a deceased person's credit card debt unless you are a joint account holder. If the deceased had no estate or assets, creditors typically cannot collect from surviving family members. The debt is paid from the estate if there are sufficient assets available.