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  1. #1

    Default How Long Does a Creditor Have to Pursue a Deceased Person's Debt from an Heir

    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)."

  2. #2
    Join Date
    Jul 2018
    Posts
    544

    Default Re: Creditor's Claims Deadline Against Descendent-One Year from Date of Death

    Under the circumstances, CCP 366.2 will bar any action against your husband's estate. Your post provides no information that would allow us to determine if you have any liability for the debt.

    What is the nature of the debt, and were you married in March 2015 when it was incurred?

  3. #3

    Default Re: Creditor's Claims Deadline Against Descendent-One Year from Date of Death

    The debt from paperwork provided was from ambulance service. No we were not married in March 2015. We were married in June, 2015.

    Thanks, pg1067

  4. #4
    Join Date
    Oct 2006
    Posts
    14,667

    Default Re: Creditor's Claims Deadline Against Descendent-One Year from Date of Death

    Then you are not liable for the debt and his estate is not liable because the statute of limitations has passed. Let the creditor know that.

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