County: Randolph
Age: 68
Client was contacted by the Department of Labor regarding an overpayment of Blacklung benefits to her deceased father. The Department of Labor was holding the client responsible as executor of her father's estate. I contacted the claims examiner on my client's behalf and explained that to the best of my client's knowledge the deceased left nothing in his estate. Moreover, the overpayments were never used for my client's benefit. Her father passed away at a nursing home with no assets. As a result, the estate was never probated. The claims examiner investigated the estate of the client's father and notified me that the debt will be written-off as uncollectable. Our client will no longer be held responsible for her father's overpayment.
A weblog of news in law and aging in West Virginia, brought to you by West Virginia Senior Legal Aid.
Friday, May 13, 2005
Wednesday, May 04, 2005
Case of the Week: 5/02/2005
County: Randolph
Age: 67
My client was contacted by a collection agency for a past due debt of approximately $800. Over half of the debt is for charges from 10 years ago. I contacted the collection agency on my client's behalf and informed them that the West Virginia Statue of Limitations bars collection of a debt that is 10 years or older, unless there is an acknowledgement with a new promise to pay. My client made no such acknowledgement. As a result, the majority of the debt was forgiven. My client can settle the account with less than $50.
Age: 67
My client was contacted by a collection agency for a past due debt of approximately $800. Over half of the debt is for charges from 10 years ago. I contacted the collection agency on my client's behalf and informed them that the West Virginia Statue of Limitations bars collection of a debt that is 10 years or older, unless there is an acknowledgement with a new promise to pay. My client made no such acknowledgement. As a result, the majority of the debt was forgiven. My client can settle the account with less than $50.
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