[WSBAPT] Interest and Fees on Credit Cards after death

[Heather deVrieze]

Without being able to cite to a particular statute, I have always taken the position that amounts owing at death are all that can be claimed with respect to any unsecured debt of the decedent. I would be inclined to reject, or partially reject any claim which included post death late fees, penalties and interest on credit card debt.

I have had plenty of luck negotiating with DCM when funds were available to pay any settlement amount, especially before the four month claim period is up, but even after, when funds are scarce or still tied up in unliquidated assets.

Heather


Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Nicholas Pleasants
Sent: Tuesday, August 01, 2017 12:04 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Interest and Fees on Credit Cards after death

Hi All -
I have started this chain of research a few times now and haven't found a satisfying answer. Does anyone have a definitive answer on whether a credit card company can continue charging interest and late fees after date of death if decedent is sole obligor and there is no surviving spouse? Does it depend on when the credit card company is notified of the death (e.g. interest and fees can be charged until credit card company is notified of death)?

As a side note, I would also be curious if anyone has experience negotiating with DCM Services to get some of these post-death charges knocked off of the creditor's claim. Thanks in advance.

Nicholas Pleasants
James Pleasants, P.C.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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