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Advanced Credit Repair - Dealing with Collection Agencies Discuss Statue of Limitations on deceased spouses debt in the CREDIT AND LEGAL ISSUES forums; 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 ...
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Old 08-29-2006, 04:24 AM   #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....
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Old 08-29-2006, 05:22 AM   #2
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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.
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Old 08-29-2006, 09:54 AM   #3
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