Can I be held responsible for my husbands doctor bill from 2007, when we were not married.
Jacksonville, FL
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Posted 5 months ago in Health Care
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Mayo Clinic in Florida is telling him they want my income for his 2007 dr bill. At the time of the hospitalization he was unemployed with no income and not married. The hospital did a charity write off, but Mayo Clinic says no and now they want their money and my income information, for this 2007 bill..(we are now married as of 10/04/08.) He is paying them via personal check each money a small sum of money towards this debt, but refuses to give them my name, income,..etc. but i figure one of these day with all the modern technology they will find out on their own...are they right or wrong???? can they do this, and make me pay on the bill, or better yet garnish our wages for it?????
Answers (1)Ronald Anthony Sarno
This attorney is licensed in New Jersey and 1 other state.
Posted 5 months ago.
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You have no legal responsibility to pay the bill. If your husband recieved charity care at the time of treatment, they should have written it off not kept billing. This appears to be a violation of the fair debt collection act, which hasa fee-shifting rule which means the creditor might have to pay your legal bill if you sue them. Check avvo listing for FL attorneys who do this type of litigation. Also, read completely my statement below on what consitutes unfair debt collecion.
You might find my legal guide on selecting and hiring a lawyer helpful. You might find my legal guide on Is it Legal? Is it Illegal? helpful. You might find my legal guide on the understanding the different court systems helpful. You might find my legal guide on legal terms used in litigation helpful (Even if you are not filing a lawsuit this information can be useful). You might find my legal guide on commercial litigation helpful. .The prior federal administration severely weakened most state’s laws against excessive interest. Unpaid debts now have practically no ceiling on interest which means the final bill can be much more than the original debt. When you have received a collection notice, lawsuit or even a judgment on an old debt which may have already been paid, or belongs to someone else, or has been discharged in bankruptcy, keep the following in mind. After a creditor writes off your debt, it can then be sold to a collection agency. That agency may sell it again and the next one again. By the time the debt is assigned to a law firm, it can be years pass the statute of limitations, all of the original contracts have been lost and there may be no legal foundation for enforcing the debt. One way of knowing this is that the agency will have no discernible address or they will say they are collecting from a creditor, but the creditor does not know who they are. They will call you at work , and they will not listen to any explanation at all. They will refuse any suggested payment plan and demand a large sum at once. Often these collection agencies and even law firms will file a suit against you, misspell your name, or deliberately send it to the wrong address. You have no notice but they go to court anyway, get a default judgment against you when you do not come to court, and file a judgment lien on your assets such as a home you are trying to sell, or they report you to a credit bureau as a deadbeat. You are allowed to send a 100 word explanation in writing to the three credit bureaus (which they must print) as to why the debt is invalid. Also, many attorneys will take such a case on a contingency basis. A Violations of the fair debt collection act has a fee shifting rule (the creditor pays your attorney). Not only do you get the debt out of your life, you may get a financial award also. Be sure to write to your congress representative to have a stronger federal law to restore a ceiling on interest and to curtail these illegal collection practices. LEGAL DISCLAIMER Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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