Wife's Medical Bills

[jimbo831]

I am in the process of rebuilding my credit and most of the collections on my file are ready to drop off within a year. The exception, however, is two medical bills in collections from my wife. These were for visits to a doctor and the emergency room a couple years ago. However, I was not the patient and do not feel these should be permitted to be reported on my credit file.

I sent a DV last week to this company and they just called me today. I told the woman that I wanted to communicate via mail but she wanted to discuss the bills. She insists that these are my responsibility and can be reported on my credit, but obviously debt collectors will say anything they want. If it matters, this took place in Kansas, which is not a community property state.

Does anyone have any insite on whether or not I am right and if so, what I need to do from here?

Thanks!

[crash5050]

I have the same problem here in Arkansas, If only there was a bell tower nearby.

[cajun_duck]

Same problem here in Louisiana.

[thomassl]

Spousal liability in non-community property states:

"Generally speaking, if the spouses never resided in a community property state, and only one spouse signed the loan contract (such as a credit card agreement), then the signatory-spouse is liable for the debt. Conversely, the non-signatory spouse does not share in his or her spouse's liabilities in non-community property states."

Here are the community property states:
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

[crash5050]

Got a call from the State Atorney General's office yesterday. I explained the situation to him and he said WTF? He sent mea form, said fill itout and he would take care of the rest.
I am thinking, Attorney General tells you that you are in violation, sends me a copy of that letter, that lettter becomes Exhibit "A" and somebody owes me some money.



Crash5050

[jq26]

You are not liable. This comes up quite frequently.

I would send the offending creditor/JDB a letter giving them 30 days to remove any tradeline from all three CRAs. If they do not, bang 'em with an FDCPA / PA FCEUA misrepresentation lawsuit.

If after sending them a letter, you get no relief and you need a hand, PM me. Maybe we can work something out where I'll represent you on contingency of FDCPA award if you are in my area. I'm just outside of Philadelphia. Most of this stuff can be done remotely anyway. My guess is they'll cough up a check well in advance of any court date in anticipation of having their heads handed to them.

I can't stand when creditors do this. If they wanted this to be a marital debt, then they needed both of you to agree to terms.

Additional question- was your wife treated under your medical insurance and the remaining "bills" are amounts that you agreed to pay as primary insured? If so, this isn't as cut and dry as I made it out to be.

[rej]

I have the same problem but my wife did use my health insurance so would i have any recourse in this matter? Mine is still owned by the OC and assigned to a CA.

[crash5050]

I didn't sign anything, they just say that arkansas is a common law state where medical bills are concerned. I have sent them 2 letters, both CMRRR, one was for validation and another was for them to Stop collection activities on a SOL debt that wasn't even mine. The ignored all of them. I have disputed the debts with all 3 CRA's and they have came back verified, I have called the OC and they say they cannot get it back from the CA, the CA won't budge. Really stupid if you ask me. It is a 5 year old medical debt thta the SOL ran out on 3 years ago. Thjey are still reporting open and turned over to an attorney.

David

[bmc100]

I received a collections letter from a CA on my wife's medical debt. I sent a DV letter, they responded with sending me a copy of the hospital's computer records showing me as guarantor if my wife did not pay.

I never signed anything stating I would act as guarantor. In my DV letter I wrote that I will not pay a debt I did not create and if they call me after receipt of this letter or report to any of the CRAs, I will sue. I also mentioned that I have sued 5 other Collection agencies and I will not hesitate to bring legal action.

Your next step is to send them a letter stating for them to send you the agreement you signed that you would pay her medical debt.

Do not fall for your state is a community property state and you are responsible. I had that happen before as well, it was nice that last week I received the settlement check from that CA after I sued them!!!

[crash5050]

Chock one up for the elected officials. I contacted the Attorney General and he magically made the TL disappear from my report. I called the CA today and asked them who I needed to to talk with to settle this case. She said your account has been taken care of, I saids= "Honey it aint me that wants to settle with you, its you that I want to settle with me. She freaked out and said her "manager would call me tomorrow".

[RockDaddy]

Originally Posted by crash5050

Chock one up for the elected officials. I contacted the Attorney General and he magically made the TL disappear from my report. I called the CA today and asked them who I needed to to talk with to settle this case. She said your account has been taken care of, I saids= "Honey it aint me that wants to settle with you, its you that I want to settle with me. She freaked out and said her "manager would call me tomorrow".

Crash,

Do your homework. That way, you can nail them with case law and FDCPA infractions.

Don't call them - even though it'll feel *great* to give the manager on the other end of the phone a good 'whatfor'... do it ALL in writing.

Glad to see you chock one up for the good guys!

-RD