A Person’s Death Does Not Eliminate Any Monies That Were Owing Prior to the Person’s Death
An individual was owed just over $8,000.00 from another individual. My client died before the debtor paid the amount that was owing. I was retained by the executor of the estate to collect the amount owing. The debtor did not respond to written demands made for payment. Accordingly, I issued a small claims court claim which was properly served on the debtor (now called the Defendant). The Defendant did not defend the Claim and I was able to obtain a judgment for the full amount owing plus interest and costs.
In order to enforce on the judgment, I issued a garnishment to the defendant’s employer and ultimately obtained the full amount that was owing on the judgment inclusive of costs and interest. This money then formed part of the assets of the estate and which proved to be financially helpful to the deceased wife and children.
There are two takeaways from this matter:
- A person’s passing does not eradicate the debts that were owed to him or her while the person was alive.
- Even though the deceased doesn’t need the money anymore, often times the deceased immediate family does.