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Thread: Statue of Limitations on deceased spouses debt

  1. #1
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    Statue of Limitations on deceased spouses debt

    Hi. I live in NJ and just got a notice from a collection agency addressed to my deceased spouse (he's been gone for 2 years) from a company called First National Credit Bureau, Inc. The creditor is Resurgent Inc and the original creditor is MCI.

    The collection is only 82.00 but I this is the first time I recall ever seeing anything about this debt so I called. I was told the debt is from NOvember of 1996. I was married in April of 95 if that matters.

    They said the reason that I just recieved something is because the account was recently sold.

    They did have the correct old address from 96 so I said I would send a check. I have outstanding credit and do not want to ruin it over eighty dollars.

    When I hung up I started thinking - is the statue of limitations on this debt up? How about the fact the account was in my husbands name, not mine. I did have his will probated almost two years ago.

    Any thoughts would be greatly appreciated....

  2. #2
    Administrator Hedwig's Avatar
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    I'd send them a letter and tell them that:

    1) This debt is out of statute (I'm sure it is after 10 years but you'd better double-check)

    2) And more importantly, he is deceased, his estate has been probated, and they did not file a claim against the estate in a timely manner.

    If your name was on the account it shouldn't hurt you. If they come back again demanding money, let us know and we'll figure out the next step.
    The answer is 42!!

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    Administrator roybean's Avatar

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