QUESTION
My wife passed away in 2013 from lung cancer. Now I received a notice frpm a Debt collector who is taking me to court !
Asked on Jun 23rd, 2017 on Civil Litigation - New Jersey
More details to this question:
My wife passed away in 2013 from lung cancer. After paying for her funeral and a few bills from her Life insurance all the money was gone. Now I just received a letter from a Debt collection lawyer who is taking me to court for a unpaid bill from a doctor I never heard of before. Do I have to pay this bill since all the money from my wife's estate if you can call it that is gone.
1 ANSWER
Anthony Van Zwaren
If you were married and the bill is for a necessity, which clearly medical treatment would have been, then if the debt is valid, they can pursue it against her spouse, meaning yourself. Since this would be in the six year statute of limitations for debts, the suit is timely. However, that doesn't mean they don't have to prove the debt itself and the amount they are seeking. You would do well to consult with an attorney and promptly file an answer that raises potential defenses. Then you make them prove their claim. This may lead them to dismiss their claim or at least be willing to negotiate.
Answered on Jun 24th, 2017 at 11:51 AM