mercredi 17 octobre 2018

Debt Collectors: Creditor's Claims Deadline Against Descendent-One Year from Date of Death

My question involves collection proceedings in the State of: California

Supposed debt occurred in March 2015. Husband died in August 2017. I just received written notice (not lawsuit or judgment) from outsourced creditor. The time frame exceeds the one year period described in California Code of Civil Procedure below.

Am I, decedent's wife still responsible?

"If the judgment debtor dies prior to satisfaction of the judgment debt, the probate code becomes the governing code for enforcement of the judgment debt (Code of Civil Procedure Section 686.020). The statute of limitations for filing a claim against an estate is a strict one year from the date of the debtor's death (pursuant to California Code of Civil Procedure Section 366.2)."


Debt Collectors: Creditor's Claims Deadline Against Descendent-One Year from Date of Death

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