English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

5 answers

The poster above me had a few good points, except for sending the cease & desist. Never send a "full" C&D to a collection agency if you are still within the collecting SOL.
Doing that will leave them with no options on trying to collect the debt - so they will either sue or sell the debt to another agency.
If you send a letter to them, include in it a "limited" C&D telling them not to call your home or place of business as it is incovenient to you and all further communications must be done by USPS.

Your wife is the one who should handle the correspondence to any of the parties.

The following states are community property states:
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin

If you live in one of those states, you "may" be liable for the debt. You would have to research your state statutes to be sure.

If you do not live in one of those states and YOU did not sign anything at the dentists office showing responsibility - then you are not responsible, only your wife is.

If your wife had insurance and insurance did not pay, call the insurance company and find out why. Ask them to send you the reasons in writing. (your wife is the one who should do the calling and letter correspondence)

If the insurance company didn't pay because the dentist failed to file a claim - demand that the dentist file a claim. (you have rights under HIPAA that if a medical provider fails to file a claim, or fails to file it properly and does not get paid because of it - you are not responsible)

If you had no insurance, or if it was the deductible and you want to pay - write the dental office and tell them you are paying the debt to "them" not the collection agency.
Include a money order or certified check for the full amount.

2007-03-31 11:31:00 · answer #1 · answered by echo 7 · 1 0

Like all legal answers... it depends on a number of factors including where you live and if you are still married. Typically married couples have a joint obligation to care for each other and provide each other with necessities and debts for necessities are joint debts. However, the answer to your specific question depends on the laws of your state of residence. Was there a signed loan agreement? If so who signed it? If you signed it, you are almost certainly obligated to pay regardless.

On a different note, dealing with the collection agency is less difficult. Ask for the collectors name, the name of the organization and mailing address. Tell them not to contact you any more and send them a letter to that effect, one page nothing fancy, keep a copy. Reference the Federal Debt Collections Practices Act (you can call it the FDCPA). You aren't required to talk to them at all... or to make payment arrangements. They cannot threaten you with criminal action or in fact threaten you in any way... they are allowed to tell you that a lawsuit may be filed (big deal)... but that is it... I would suggest that you tell them nothing other than that "you dispute the debt and not to contact you again". Since you have no actual personal knowledge of the debt you cant admit to it.

I would mention to your wife that unless she is unhappy with the services she received she really ought to take care of it. Or call the provider and see if they will take a lump sum settlement. A 50% settlement offer works pretty well. Settlement offers cant be used against you and it makes everybody happy.

2007-03-31 12:20:54 · answer #2 · answered by Tag 1 · 0 0

Depending on which state you live in, they can come after both of you. This means that your credit report will be affected as well as hers.

Try working out a payment plan and get this resolved so that you can get this issue resolved.

Good luck

2007-03-31 11:52:28 · answer #3 · answered by Matt 4 · 0 0

In most states, you are responsible for your spouse's debts incurred after marriage, so the collection agencies can go after both of you.

2007-03-31 11:48:08 · answer #4 · answered by Brian G 6 · 0 1

Maybe. If you arent divorced and if she doesnt pay they may go after you for money. But most likely they will go after her to pay the bill.

2007-04-01 11:58:07 · answer #5 · answered by Educated 7 · 0 0

fedest.com, questions and answers