Wife's collector is calling me

[seaweed]

My wife's collection agency just called me at my work regarding her medical bill of $261. I have no idea how they got my work number. anyhow, they said we need to take care of this, if not, it will go into my credit report as well since we are married they can do this legally in the State of Nevada. Is this true? Can her collection get reported on mine as well?

They also said if we go into their office and pay this off, they can provide a letter saying they will remove the collection off my wife's credit reports. I have no problem paying this. i just want it off her reports and not have it go into mine. I just cleaned up mine and my average score is now 734.

[jasen]

Depends on state laws I'd say. I know it's not legal in my state, unless you are a co-signer, married or not. Maybe a state with specific community property laws would allow this sort of thing.

That's a tough call. I'd be willing to pay it as well, if I was sure it would be removed. But pissed that they were trying illegal/coersive tactics with me.

It also seems a bit shady. Most CA's are loathe to do this, let alone offer it right up front. They sign agreements with the CRA's that they will not PFD, and could lose their accounts with them if caught. So the fact that they'e offering it makes me wonder if it's some trick or loophole they found to make you think you're in the clear and pay it, and then screw you over.

I'd say pay it if you have the money, but proceed with caution. If they can screw you, they will.

[E. Normis Debtor]

Depending on the state, you are generally either jointly or secondarily liable for a spouses medical expenses under the doctrine of necessaries, even if you didn't co-sign. If you are secondarily liable they cannot report it on your report until they exhaust collection efforts against her first.

[LadynRed]

They CAN put it on YOUR reports (and vice versa) because NV is a COMMUNITY PROPERTY state. ALL debts incurred during the marriage, no matter who's name is on the bill, is a COMMUNITY debt - you are both liable for it.

[seaweed]

Thanks for the quick reply. i guess i will pay for it. I don't want to risk having it on my reports since i will be refinancing soon. LadynRed i think you are right about NV being a Community State. Hopefully they'll keep their word about removing it from the reports. Thanks again.

[elyse449]

if it's any consolation I reside in Wa. State (another community property state) and they did that to me, to. My dh went in to see a doctor and for whatever reason the bill didn't get paid right away--it didn't go to collections, but they added my name to HIS bill. I think this is to assure that if we divorce, they can still come after me to. I know in my dh's previous marriage his first wife didn't have her name on too many of their accts, but helped charge them up and when she walked out on their marriage HE got socked w/ the bills regardless. They said and I quote; "We still go after whoever's name is ACTUALLY ON THE ACCOUNT..." when we responded on some that, "her name IS on the account..." their response was, "Well, we go after whoever's name appears FIRST..." A-H's. Oh well. Guess that's all changing now.

What I find it especially enraging...I once told a creditor (this was from my previous marriage situation) "LOOK IDIOT, ya didn't think I was good enough to be on this account BEFORE, but now that it's in default you want my name on it and you want ME to pay it??? Go take a flying leap!" Yes, admittedly I lost it. This all happened after I was already divorced and was dating my now hubby. I figured how come it didn't go like it did in my current dh's divorce? He divorced in 1996, I divorced in 1997 but because my ex was a super control freak it took awhile to be finalized. Anyway-sheesh, if I didn't have bad luck I'm not sure I'd have ANY luck sometimes.They wouldn't offer me the credit to begin with much less the benefit of paying it myself and building that positive tradeline but now that HE quit paying, then they wanted to come after me???? Arachnids. What ended up happening? I never heard from them again and this was NEVER listed on my CR's.

Elyse

[divemedic]

Like any other debt, do not pay them a dime, or even offer to pay, unless you have DV'ed AND you have a written agreement, specifying everything in writing.

[Texadelphia]

My wife's collection agency just called me at my work regarding her medical bill of $261. I have no idea how they got my work number. anyhow, they said we need to take care of this, if not, it will go into my credit report as well since we are married they can do this legally in the State of Nevada. Is this true? Can her collection get reported on mine as well?

They also said if we go into their office and pay this off, they can provide a letter saying they will remove the collection off my wife's credit reports. I have no problem paying this. i just want it off her reports and not have it go into mine. I just cleaned up mine and my average score is now 734.

Call them back and ask them to give this to you in writing.

Writing writing writing is the key. Call now and ask them to call you back when they have mailed it so you know when to expect it.

If you don't get anything, DV the CA and get them to validate the debt first before you give them a cent.

Further, when you supply the check... type on the check "CASHING THIS CHECK THE BEARER AGREES THAT THIS IS PAYMENT IN FULL FOR THE DEBT OWED AND PAID AS AGREED."

The legal term for this is Accord and Satisfaction. When you receive the demand in writing from the creditor, you place the statement on the check that if it is cashed, you are released of any further contractual obligation. It is important that you have the debt-demand in writing first, because just sending a payment with the "satisfaction" clause is not necessarily going to be a defense for you if ever the debt continues to be disputed.

It is important that you add this to the check and it is clearly visible. KEEP THE CANCELLED CHECK WHEN YOU GET IT BACK FROM THE BANK... GET THE ORIGINAL!!! This is legal ammunition that the debt was paid off and no further collection is possible. All too often a CA gets paid, then the debtor winds up getting dunned again because of sloppy recordkeeping, or (worse) fraud---don't let the possibility of this happen to you.

When you settle a debt, you must insure that when you settle both parties agree. Your validation that the creditor accepted the contract is the cancelled check with the statement clearly written on it.

Even if the creditor crosses your words out, you still have the demand letters to prove they accepted. No further collection attempt is possible.

[seaweed]

This debt is valid. somehow we lost track of a few bills when we moved twice in one year. Also, I remember them saying they need the payment to be either cash or money order. they don't accept personal checks, only the guaranteed type of of payment. should i still insist they take my personal check?

I will ask for the written letter. Thanks again for all the tips.

[divemedic]

Just because you owe someone money does not make the debt validated. The CA in question may not have the paperwork needed to legally show that you owe the money. Make sure they do.

What Tex was talking about, putting the statement on the check, will not hold up in most cases if the CA decides to ignore it. The easiest way to be sure you aren't gonna get screwed is to make sure the agreement is in WRITING, signed, and notarized BEFORE you send any money. If they are honest and not trying to cheat you, they shouldn't mind doing this.