When an arrearage debtor dies or a debtor corporation disappears through a merger after compulsory collection has begun, whose property does that collection continue against?
General information · Not legal advice
Material to check
For a practice file, read the record showing that compulsory collection had already begun against the debtor's property, the record of the debtor's death or the merger, and the seizure papers naming the debtor, to see whether the seizure should also be treated as made against the heir.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes both paragraphs together: once collection has begun against an arrearage debtor's property, it must continue where the debtor has died or a debtor corporation has disappeared through merger, and, when the paragraph on continuing collection is applied, a seizure made in the debtor's name over property after death is treated as made against the heir who inherited that property.
Another reading separates the paragraphs' reach: the first keeps collection moving against the same property after death or merger, while the second addresses only a seizure made in the debtor's name after the debtor's death, leaving the provision silent on any property of an heir that was never seized.
Your judgment
If a seizure was made in the debtor's name after death over property the heir disputes inheriting, how could the file show who inherited that property?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change when a post-death seizure is treated as made against the heir, or if an authority explains how far that treatment reaches the heir's own property.