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  1. #1
    Join Date
    Jan 2009
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    1

    Default Judgement when Someone Dies

    My question involves judgment recovery in the State of NY...

    If you do not answer anarbitration claim, and the credit card company gets its judgement, what happens if the person who has the judgement on their credit report dies? Is the executor of the estate legally obligated to pay off the credit card bill? Any help or guidance would be of help,thanks!

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    Default Re: Judgement when Somene Dies

    The holder of the judgment can put in a claim for payment against the assets of the deceased debtor's estate.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  3. #3
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
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    1,404

    Default Re: Judgement when Someone Dies

    Quote Quoting justlynn
    View Post
    My question involves judgment recovery in the State of NY...

    If you do not answer anarbitration claim, and the credit card company gets its judgement, what happens if the person who has the judgement on their credit report dies? Is the executor of the estate legally obligated to pay off the credit card bill? Any help or guidance would be of help,thanks!
    I think Betty3 may have not understood the question. If there is NO judgment now, and the case is in process, then no.

    You can call the arbitration number on the summons and tell them that the person can not be served as they are deceased. Send a copy of the death certificate to the arbitration lawyer and the case should be thrown out.

    As far as the credit report, when someone dies the credit bureaus will REMOVE the persons FICO score and or show a zero so no further credit can be granted.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Judgement when Someone Dies

    I answered the question as it was asked - "if" they get a judgment; "if" the debtor dies . . . . I was assuming OP wanted to know what happens in that case. (titled judgment when someone dies)
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  5. #5
    Join Date
    Jan 2009
    Posts
    15

    Default Re: Judgement when Someone Dies

    Betty3 is correct. 'OhMy' is NOT correct.

    The original question was "If you do not answer anarbitration claim, and the credit card company gets its judgement, what happens if the person who has the judgement on their credit report dies?".
    Clearly, in this scenario, a judgment already exists against the deceased.
    The judgment creditor can make his/her claim against the estate of the judgment debtor (decedent).

    Is the executor of the estate legally obligated to pay off the credit card bill?
    There is no direct obligation for the executor or personal representative to pay the judgment from his/her personal funds. Whether it is paid or not would depend largely on the assets in the estate.

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