MY UNCLE HAD AN ACCOUNT WITH BILL ME LATER FOR MANY YEARS. HE RECENTLY PASSED AWAY AND THIS ACCOUNT WAS STILL USED.
I HAD MADE PAYMENTS ON IT REGULARLY. THEN BML CANCELLED THE ACCOUNT AND I AM RECEIVING LETTERS FROM SIMM ASSOCIATES ADDRESS TO MY UNCLES ESTATE. CREDIT LINE WAS INCREASED PERIODICALLY FROM $1,000 TO $5.500 IN VARIOUS INCREMENTS AS IT WAS IN GOOD STANDING AND IT SEEMS NOBODY CARED IF MY UNCLE WAS ALIVE OR DEAD.
HE HAD NO CHILDREN AND MY HOME ADDRESS WAS HIS LEGAL MAILING ADDRESS UNTIL HE PASSED. IF BML CHARGED OFF THIS DEBT, I WANT TO KNOW IF SIMM ASSOCIATES CAN HAVE ME ARRESTED FOR CONTINUING TO USE THE ACCT.
BML KNEW ABOUT THE DEATH AND NEVER CONTACTED US BUT RATHER CLOSED THE ACCOUNT. PAYMENTS WERE MADE ON THIS ACCT ON A REGULAR BASIS EVEN AFTERWARDS. THERE WAS NO ESTATE AND NO MONIES LEFT BEHIND BY MY UNCLE.
I WOULD BE WILLING TO MAKE REPAYMENT ARRANGEMENTS BUT BML SAYS THEY NO LONGER SERVICE THEIR ACCOUNT AS IT WAS SOLD. WHAT LEGAL RIGHTS DOES SIMM ASSOCIATES HAVE IN THIS MATTER. CAN THEY TAKE LEGAL ACTION AGAINST ME OR PRESS CHARGES AGAINST ME.
I NEVER GOT A TRAFFIC TICKET IN MY 68 YEARS…I AM AFRAID. HAD NO IDEA THAT I SHOULD NOT HAVE USED THE ACCOUNT SINCE I ALWAYS USED IT WHEN MY UNCLE WAS ALIVE AND ALL DELIVERIES AND SUCH ALWAYS WENT TO ME AT MY HOME RESIDENCE.. PLEASE ADVISE WHETHER I NEED TO SECURE THE SERVICES OF AN ATTORNEY. THANKS SO MUCH. I AM NOT A BAD PERSON, BUT I DID GET MIXED UP AND LISTENED TO SOME FOLKS WITH WRONG ADVICE.
It sounds like we are dealing with several different issues here.
The first, as you now know, you should not have used his account after his death. The creditor should have been notified of his passing and sent a certified original death certificate. That would have ended things at that time.
But the responsible party for the account has now passed away. You have to legal control over the account as an authorized user. So without the legal account holder the account followed the normal path of being charged off and most likely sold to a debt buyer.
This issue can involve trying to assign responsibility against you for the account use after his passing. I would advise you to contact a local attorney to handle this for you, not because you will face any charges, but because the issue of responsibility and eliminating liability for the previous balance at the time of his passing can be tricky.
You are in the worst position to deal with this because you are emotionally charged about the situation. I’d let your attorney know you are willing to pay for the charges you incurred after the passing of your uncle.
If you follow this advice I feel confident it will all work out okay.
Please post your responses and follow-up messages to me on this in the comments section below.Big Hug!
Get Out of Debt Guy - Twitter , G+ , Facebook
If you have a credit or debt question you'd like to ask just use the online form .