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Another medical issue


parko03
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Scenario:

DH has report full of paid/neg medical issues. Several of them have managed to creep onto my report. I am understanding that they cannot do this due to HIPPA laws?? One of them was a judgement that is also on my report. If I am not responsible for the bills I can do the "not mine, his, illegal to put on mine" and hopefully get them removed. But how can I attack the one that turned into a judgement.

I am still learning about all this and don't want to do the wrong thing. so please advise me what you think. Should I dispute all the bills first, get as many as possible removed then try a vacate judgement. But will that work because by the time it went to court my name was on this stuff. Any ideas about this one???

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There is so much discussion on this issue and none of us have the definite answer. According to those I spoke to in the Medical Industry near me, they only go after the primary on the insurance. Thus, if it is for DW, but, it is on the DH's policy, he is the one they go after. Others go after both DH & DW no matter who had the policy. Someone else will tell you if it is a Community Property State, they will dun both. As I, and many others, read the law, it appears to always relate to the one who created the debt.

As to the HIPPAA, their reporting in both names is not a violation. An example of a violation would be if the provider sent a copy of the itemized statement to the CA. If it contained only Dollar amounts, it is legal, but, if it contained the respective numbers for services, it is a violation.

As to the Judgment, you would have to have absolute proof before going to court proving you are not liable in any fashion for the debt.

If the debts are paid, then you would dispute their accuracy, such as, still shows a balance owing. In short, you want to find something wrong with the TL. True, you could dispute first as "not mine", but, if it shows paid, chances are a little slim.

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THe problem with all the medical is there was no insurance. THus the reason for the collections. They have been paid though. So with no policies how can they attach my name to these? AND we are not a community property state either. It's almost not fair because other than my BK 3 years ago, I have a nice report with decent history other than the meds from his report creeping over.

What has anyone else done to actualy fight this.? Have any of you had sucess with something or not with another? Thanks..

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THe problem with all the medical is there was no insurance. THus the reason for the collections. They have been paid though. So with no policies how can they attach my name to these? AND we are not a community property state either. It's almost not fair because other than my BK 3 years ago, I have a nice report with decent history other than the meds from his report creeping over.

What has anyone else done to actualy fight this.? Have any of you had sucess with something or not with another? Thanks..

In many states BOTH spouses are equally liable for medical debts incurred in their name or by the other, with or without insurance. According to the courts, that is what it means to be married. That's how it is in Ohio and I can almost guarantee you that's how it is in VA. Don't waste your time looking through your state's statutes. If you want a definitive yes/no answer regarding your liability (for medical debts before you married while you are a married or after you divorce), you have no choice but to consult with an attorney to get the most recent case law on the subject.

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Yes, medical bills are called " necessaries," and in most states one spouse can be held liable for the other's necessaries. I once sued a guy over the OB/GYN bill of his estranged wife - the kids wasn't his! But they were not divorced or legally separated, so the judgment stood.

You might be able to pay a portion of the judgment off and get your name released.

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