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Credit Card Debt Collection issues with overdue or defaulted credit card debt.

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Old 09-12-2008, 12:02 PM
rogee43 rogee43 is offline
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My question involves collection proceedings in the State of: North carolina
My father died in June. My mother was an authorized user on his Amex card. Automatic payment was used. She noticed payment had stopped. They informed her card was cancelled because of his death. They told her she could pay monthly with no interest. As an authorized user is she even responsible for this debt?
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Old 09-12-2008, 12:28 PM
gigirle gigirle is offline
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Default Re: Authorized User
This estate is responsible for the bill, not your mother.
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Old 09-12-2008, 04:51 PM
Betty3 Betty3 is offline
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Default Re: Authorized User
Since N.C. is not a community property state, your mother (as an authorized user) should not be responsible for your father's credit card debt. However, the "doctrine of necessaries" can make one spouse responsible for another spouse's debts even in non-community property states. However, my most recent info indicates NC courts have been applying this doctrine mostly to medical debts though in some states it can be applied to debts for food & other necessary items used by both spouses.

Did your father have an estate to be probated? If so, as gigirle noted, your father's debts should be paid out of the estate assets.
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