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Advise on collections before marriage. Help


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I filled BK 7 bankruptcy before I got married. Can a collection agency come after my spouse? The majority of the debt($400 out of 450) debt was incurred before we were married. We live in California. My wife was contacted by phone to try collect the debt from her. Funny, how they didn't contact me, since I incurred the debt. It's a medical bill. They say if we don't pay they will report on her credit. I believe this is illegal and they can't collect from her. And I have no obligation to send them any proof at this point. Right?

The total collection is for $447.95. They are giving me till 5-20 before taking further action. More facts to consider:

1. My wife and I married on March 9th 2008.

2. All the charges except for $55 were incurred prior to our wedding date; in fact they were charge before 11/2007.

3. I filled for BK 7 January 2008 - It was discharged May 2008.

My lawyer is checking to see if it was amended with this account, but even if it wasn't, California state law states that all debts incurred before the marriage date cannot be collect from the spouse... Yes?

Does anybody know the legal statue that sates this? I think I should send them a letter with a copy of the marriage license for now. And tell them I will file suit against them for this violation. Yes?

Why did they not come after me if I am still liable for the account?

Finally, in the paper work they sent me they included a "fact sheet" from Cedars-Sinai medical center where it has my marriage status listed as "married" because the date of my visit (5-24-08) was after we were married. I believe they might think this gives them the right to collect from my wife. Is this not illegal to access my medical records too?

Thanks again folks!!!

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  • 3 months later...

Update!

The Collection Agency actually posted a collection on my wife's credit file. :evil:

I just got confirmation from my lawyer that they cannot collect on any debt not "reaffirmed" before I filled BK7. They may have some right to try collect on the debt incurred after we were married and after the filing date which is only $55. HOWEVER, They reported a collection for the full bill of $545 on her file.

My question is: Who do I go after?

Do I send a letter to the credit agency with the bk info saying this is not valid to remove it? Or can I go after the collection agency and sue them for violation of CA bankruptcy and consumer credit laws? I would settle the account for the $55 if they remove the negative report that they "Might" have a claim on and cease all collections. By the way, they have made no attempt to contact either my wife or I since they filled the collection claim....

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