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Husband's debt

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iluvdodgetrx
Valued Member

Husband's debt

Hi everyone. I am new here. I have always had perfect credit until my husband didnt pay a medical bill of his. Somehow Senex Services Corp got my info and put these 2 collections on my credit. It killed my score. Unaware of my options I paid them thinking it would help. oops!

Was I even responsible for my husband's medical debt? I live in Indiana. I diputed them to the CRA and they verified. I just recently opted out and sent a letter to Senex Services asking that they validate or delete. Do I have any options here. I have always paid MY bills. I want my credibility back. Thanks for any help in advance.

Message 1 of 10
9 REPLIES 9
IOBA
Senior Contributor

Re: Husband's debt

Were you listed as the gurantee payor on the forms your husband filled out when he sought medical treatment?

 

Is the health insurance policy in your name or your husbands (at the time of service)?

 

Sending the DV letter to the collection agency was a good move.  Did you send it CMRR? 

Message 2 of 10
iluvdodgetrx
Valued Member

Re: Husband's debt

I never signed anything saying I would pay if he didnt and the insurance was from his employer. The insurance covered both of us, but he was the primary.
Message 3 of 10
iluvdodgetrx
Valued Member

Re: Husband's debt

I did send it CMRRR. I have heard others say though that they dont get responses from the CA...
Message 4 of 10
Anonymous
Not applicable

Re: Husband's debt

I'm far from an expert, but in dealing with some issues with securing my mortgage as an individual, though I'm married, I found out some good information regarding certain states "community property" laws and how it affects debt & credit for married couples even when done as an individual.  So that may be playing a factor, but don't quote me on that. 
Message 5 of 10
Anonymous
Not applicable

Re: Husband's debt

The issue you are dealing with has nothing to do with community property laws.....it has to do with the "Doctrine of Necessaries."

 

This comes down through the ages from Old English Common Law, but has been codified into statute by most states.

 

The doctrine of necessaries is law which states that a spouse is financially responsible for the "necessaries" of the other spouse.  This would/could include housing, utilities, food, MEDICAL care and possible others.

 

However, a claim under necessaries is just that, A CLAIM, and should be sued under in order to compel a spouse to meet the financial obligations of the spouse.  The judge will most likely, in such a case, award a judgement to the creditor against the spouse under necessaries.  With that judgement, the creditor can attach your assets, income and other non-exempt property.

 

The problem is, that because the law provides this CLAIM of liability, most/many CA's act as their own judge/jury/executioner and act under the assumption of necessaries for any medical and whack your credit to get non-judicial leverage against you....

 

And it worked...you paid the bill.  The problem is you are now stuck with the credit.  In order to get this off you will have to convince the CA that they had no right....which they won't acknowledge.  So unless you can GW, you will have to seek an attorney out who may assist you with a suit.

 

The problem:  many attorneys may not advise this, because all legal issues are "interpretive" meaning that a judge or jury will interpret the law and render an opinion.  It is possible to get a judge who would interpret or rule against you or at least not grant a judgement because they may rule that the CA has "reasonable expectation of your liability under the doctrine of necessaries."

 

You can check with your state about licenings/bonding and registration to make sure the CA is legal in your state.  If not, you might seek on technical grounds that they were not legally authorized to act as a third-party collection company within your state, nor against it's citizens, and that reporting against credit is an act of collection and therefore was not permissible by their illegal status.

 

Anyway, there is no easy or fun way to approach this.  The best approach would have been a PFD.  With the debt paid, you can look into HIPPA, but this is not always successful either.  After that and my above comments there is one sure fire fix....time, unfortunately, time to age it off CR's.

 

Good luck and stay on top of those med debts....THEY CAN KILL CREDIT quick and mercilessly.

 

 

Message 6 of 10
iluvdodgetrx
Valued Member

Re: Husband's debt

Thank you so much for the help. I hope the WHYCHAT debt validation letter works, but I am not counting on it. How frustrating
Message 7 of 10
Anonymous
Not applicable

Re: Husband's debt

txjohn, I appear to be learning something new everyday regarding credit and mortgages, and this information you provided is just more great information I've gained from being a member of this forum!
Message 8 of 10
iluvdodgetrx
Valued Member

Re: Husband's debt

I recieved my green card. What do i expect now?
Message 9 of 10
iluvdodgetrx
Valued Member

Re: Husband's debt

I recieved a response from my DV to Senex Services. 

 

Dear (HUBBYS NAME AND/OR MY NAME)

 

Thank you for your correspondence. We have investigated your credit reporting dispute and determined it fails to meet certain requirements for the following reasons:

 

You have failed to provide proper documentation to support your dispute.  (they then hand wrote*account settled in full* beside it)

 

You may resubmit your dispute with the additional information noted. 

If you have any further questions, feel free to contact us at the number below. 

 

 

They included copies of hospital statements, but nothing with me or my husbands signature. Nothing at all with even my printed name. What do I send them from here? Please help!!! 

 

Message 10 of 10
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