Here’s a question I would like to ask for a relative.
A certain relative, we’ll call him “Jimmy”, died owing about $100,000 to a credit card company called Wells Fargo.
Jimmy is the only person who signed for that credit card. It was in his name only. He did not have any co-signers or authorized users, nor did he let anyone use the card. He was the only one who used the card. He was the only one who was legally responsible for the card.
For a brief amount of time before he died, Jimmy lived with his aunt “Linda.” Jimmy did not own the house. It was always Linda’s house. Jimmy just lived there for a while. Jimmy and Linda have the same last names because they are relatives.
About a year after Jimmy died, Linda heard a knock on her door, and opened it to find a process server at her door. Wells Fargo has filed a lawsuit against Jimmy, and they have served the papers at his last known mailing address, which just happens to be Linda’s house. They are suing a dead person. They did not list Linda’s name on the papers. Just Jimmy’s name.
No probate was ever started by anyone because Jimmy was extremely insolvent at the time of his death. And Linda is not next of kin. She is merely a relative who let Jimmy stay at her house to keep him from becoming homeless.
Linda wants to know…
1. The easiest and cheapest thing to do is to simply do nothing. If she does nothing, Wells Fargo will get a judgment against Jimmy for $100,000. What would be the consequence of doing this? Could Wells Fargo put a lien on her house? They have the same last names, does that matter? They sent the process server to her house, does that matter?
2. Linda thought she might send a letter to the attorney for Wells Fargo by certified mail and enclose a copy of Jimmy’s death certificate. What would this do to the lawsuit? Can Wells Fargo legally sue a dead person
A certain relative, we’ll call him “Jimmy”, died owing about $100,000 to a credit card company called Wells Fargo.
Jimmy is the only person who signed for that credit card. It was in his name only. He did not have any co-signers or authorized users, nor did he let anyone use the card. He was the only one who used the card. He was the only one who was legally responsible for the card.
For a brief amount of time before he died, Jimmy lived with his aunt “Linda.” Jimmy did not own the house. It was always Linda’s house. Jimmy just lived there for a while. Jimmy and Linda have the same last names because they are relatives.
About a year after Jimmy died, Linda heard a knock on her door, and opened it to find a process server at her door. Wells Fargo has filed a lawsuit against Jimmy, and they have served the papers at his last known mailing address, which just happens to be Linda’s house. They are suing a dead person. They did not list Linda’s name on the papers. Just Jimmy’s name.
No probate was ever started by anyone because Jimmy was extremely insolvent at the time of his death. And Linda is not next of kin. She is merely a relative who let Jimmy stay at her house to keep him from becoming homeless.
Linda wants to know…
1. The easiest and cheapest thing to do is to simply do nothing. If she does nothing, Wells Fargo will get a judgment against Jimmy for $100,000. What would be the consequence of doing this? Could Wells Fargo put a lien on her house? They have the same last names, does that matter? They sent the process server to her house, does that matter?
2. Linda thought she might send a letter to the attorney for Wells Fargo by certified mail and enclose a copy of Jimmy’s death certificate. What would this do to the lawsuit? Can Wells Fargo legally sue a dead person
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