Jump to content

Spouse's Items on my CR


Recommended Posts

I have looked, but have not been able to find a definite answer to this question.

Can a CA report my spouse's past due medical bills on my credit report?

Background:
-We did not have Insurance at the time
-We were advised to go to the County ER by the County to verify a pregnancy. This, in order to be enrolled in a plan for pregnant people without insurance (go figure)
-Bill is $5400
-it's 6.5 years old, SOL is 6 years for written contract in NV.

-We are looking to buy a home

If I call and offer them $50 bucks to remove it will that be admitting to the debt and restart the clock?

Thank you guys again, all the advice has helped me Just dealing with A$$et as the final one, but they are past the SOL

Link to comment
Share on other sites

Can a CA report my spouse's past due medical bills on my credit report?

 

No.  Unless you both signed to be personally liable.  

 

What I would do is send them an intent to sue letter for reporting on your credit report.  This is a violation of the FDCPA (misrepresenting the status of a debt as collectible when it is not).  

Link to comment
Share on other sites

 

I would dispute it with Asset first and send my intent to sue as admin suggested, then dispute it with the credit bureau.

Asset will most likely ignore your dispute and intent to sue letter.

 

However, it is supposed to remove it or at the very least report it as disputed when the credit bureau contacts them to "verify" the tradeline.

 

It should come off your report (and your wife's) after 7 years, so it is almost up. So worst case scenario, without having to sue or anything is you would have to wait 6 more months.

Link to comment
Share on other sites

No.  Unless you both signed to be personally liable.  

 

What I would do is send them an intent to sue letter for reporting on your credit report.  This is a violation of the FDCPA (misrepresenting the status of a debt as collectible when it is not).  

 

I don't understand.  If the date of first delinquency is less than 7 years ago, it doesn't matter that the debt is outside the SOL for collection.  It's still within the SOL for reporting.

Link to comment
Share on other sites

I thought the same way at first, but I figured admin is referring to misrepresenting that is a collectible debt with respect to the husband when it belongs to someone else... not because it is SOL banned.

 

I don't know for sure that it holds true for every state that debts and obligations of each spouse are independent of each other, especially in common law states.

Link to comment
Share on other sites

I don't understand.  If the date of first delinquency is less than 7 years ago, it doesn't matter that the debt is outside the SOL for collection.  It's still within the SOL for reporting.

You can infer that reporting on your credit report is collection activity.  I'm thinking that since the debt is technically uncollectable, you can see it as misrepresentation of the status.  In some cases collections firms have agreed to not report items on credit reports that are outside the terms of the SOL as part of settlements.  

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.