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Newbie Question re: Entagled Debt after Divorce

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I have 3 Collections showing on my report that I am not sure if they are legally my responsibility. I sent the general DV letter to each and got a half a-- response, Need suggestions as to do next.

 

Specifics:

Divorce agreement does not address the debts in question, as I did not know they existed. The ex set-up the accounts at some point during our messy split and just never paid them. Finances were an absolute nightmare with her especially at the end, so I really have nothing to go off of. They are registered to the address we lived at briefly together before I completely moved out in August 2014.

 

Sprint: Enhanced Recovery $1,633 opened 1/29/16

 

Childrens Medical: IC Systems $453 opened 2015, I have the kids on a medical plan and flex plan, but was never notified that they were taken to this facility.

 

Directv: IC System $273 opened April 2016

 

 

All three of these accounts they responded with the first page of a statement with my name and the joint address on it. I am pretty confident, these are not mine, but how can I get them to distinguish that for sure? I may try to pay the Medical directly to the hospital since it was legit for my daughter, but I just want to make sure I am making the smartest decision. Thank you.

 

 

 

 

 

 

 

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There is important information missing here. What state did you reside in during the marriage? What month and year was the dissolution of marriage issued by the court? Did you simply pack up and leave in August 2014 or was there a legal separation order issued by a court?

Generally speaking, medical bills for your child are your joint responsibility, unless specifically exempted by or specified by the court.

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State was Maryland, legal date of seperation was August 2014 per court order, divorce finalized October 2016.

 

I figured as much with the medical. Hpefully the hospital will let me pay directly to them. Pretty POd that she didn't bother telling me or filing the insurance I pay for. Could have avoided the higher fee.

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Maryland is not a community property State, so you are not responsible for your ex's debts, except where they were incurred for the benefit of the household.

 

DirecTV should be easy - "I wasn't living there. I did not order or sign for the service. This is not a community property State. This is not my debt. You have 30 days to cease collection efforts and get off my credit reports, or I'm suing for FCRA and FDCPA violations."

 

I assume Sprint is for cell phone service? You don't have the clean distinction of "I wasn't living there (where service was provided)". But aside from that, it's still the same response as for DirecTV - "not a community property State, not my bill"

 

On the medical bills - not my area of expertise, but if you still have the same insurance that you had when the charges were incurred, you might be covered. Contact the service provider (not the CA) and ask for their billing person, apologize for your ex's irresponsibility and tell them that you just found out about the WAY overdue bill (a little social engineering to get them in a cooperative mood), tell them that your kids are now and were then covered under your health insurance, and ask if they could still run this thru your insurance. If not, you'[ll want to pay the service provider directly to avoid having a paid collection on your credit report. But if you end up paying out of pocket, check the Medical Collections section of CreditBoards, to make sure you follow the appropriate steps. I'm not sure if you can simply pay the provider, or if you have to do something first to get it out of the CA's hands.

Edited by JeffeVerde

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I have 3 Collections showing on my report that I am not sure if they are legally my responsibility. I sent the general DV letter to each and got a half a-- response, Need suggestions as to do next.

 

Specifics:

Divorce agreement does not address the debts in question, as I did not know they existed. The ex set-up the accounts at some point during our messy split and just never paid them. Finances were an absolute nightmare with her especially at the end, so I really have nothing to go off of. They are registered to the address we lived at briefly together before I completely moved out in August 2014.

 

Sprint: Enhanced Recovery $1,633 opened 1/29/16

 

Childrens Medical: IC Systems $453 opened 2015, I have the kids on a medical plan and flex plan, but was never notified that they were taken to this facility.

 

Directv: IC System $273 opened April 2016

 

 

All three of these accounts they responded with the first page of a statement with my name and the joint address on it. I am pretty confident, these are not mine, but how can I get them to distinguish that for sure? I may try to pay the Medical directly to the hospital since it was legit for my daughter, but I just want to make sure I am making the smartest decision. Thank you.

 

 

 

 

 

 

 

 

 

suggested letter;

 

 

for sprint and Enhanced recovery and Direct TV Copy your Ex wife with the letters.

 

 

 

( their address as listed on the credit reports )

 

RE: Account # ____________________

 

 

Dear _____________---

 

 

Attached are Documents indicating the date of separation was August 2014 per court order, divorce finalized October 2016. and proof of residential address at the time relevant

 

I was not living at the addresses provided on the billing statement sent, nor did i sign any document or apply online for this service,nor receive any benefits from this service.

 

My (now) Ex wife was living at that address , and it's entirely possible she used my information fraudulently and certainly without my permission

 

Maryland code §4–301 b .(B)(2) A husband is not liable: on a contract made by his wife in her own name and on her own responsibility.

 

I deny any obligation on this account, and should your firm continue collection activities against me, or to report this as my obligation to the Credit reporting agencies, I will turn this matter over to an attorney for review and legal action.

 

Please let me know if I need to fill out a police report or fraud affidavit for this account

 

Sincerely,

 

your printed name

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ALL 3 of these are easy because both Enhanced Recovery and IC Systems are nothing more than credit report poisoners who respond to threats of litigation with deletions. I cannot discuss IC due to a NDA. That letter should make all 3 go away quickly.

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Childrens Medical: IC Systems $453 opened 2015, I have the kids on a medical plan and flex plan, but was never notified that they were taken to this facility.

 

 

if you can get your insurance to pick this up, you may be able to scrub it off your reports

 

http://www.nationalconsumerassistanceplan.com/news/news-release/

 

Data accuracy and quality:
Medical debts won’t be reported until after a 180-day “waiting period” to allow insurance payments to be applied. The CRAs will also remove from credit reports previously reported medical collections that have been or are being paid by insurance.

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Even if the debts HAD been addressed in the Decree, they are not binding upon the creditor precisely because the creditor (or assignee of the claim) was not a party to the litigation that produced the Decree of Divorce. Unless this was one of the VERY RARE instances where counsel for a party took the steps of serving Notice upon the creditor at a designated address. I can count on one hand and have fingers left over the number of times I have ever seen that done...

 

Where things get real dicey in a divorce is if there are interim orders that speak to responsibilities of the parties. Often times, it is the father who is held by the Court to be responsible for costs associated with care of a minor child even if the father is not the one taking the kid to medical professionals.

 

Pony up for an hour with counsel that represented you in the divorce proceeding...it will be money well spent.

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Childrens Medical: IC Systems $453 opened 2015, I have the kids on a medical plan and flex plan, but was never notified that they were taken to this facility.

 

 

if you can get your insurance to pick this up, you may be able to scrub it off your reports

 

If no claim was filed at the time of service then the carrier is probably going to deny it for waiting too long to submit it. It can't hurt to go ahead but the maximum time to submit a claim is one year from the date of service. Many carriers have shortened it to as little as 60 days. The average now is 6 months. The goal is to shift more of the cost to the consumer and keep the profit margin as wide as possible.

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Even if the debts HAD been addressed in the Decree, they are not binding upon the creditor precisely because the creditor (or assignee of the claim) was not a party to the litigation that produced the Decree of Divorce. Unless this was one of the VERY RARE instances where counsel for a party took the steps of serving Notice upon the creditor at a designated address. I can count on one hand and have fingers left over the number of times I have ever seen that done...

 

Where things get real dicey in a divorce is if there are interim orders that speak to responsibilities of the parties. Often times, it is the father who is held by the Court to be responsible for costs associated with care of a minor child even if the father is not the one taking the kid to medical professionals.

 

Pony up for an hour with counsel that represented you in the divorce proceeding...it will be money well spent.

 

Even if the debts HAD been addressed in the Decree, they are not binding upon the creditor precisely because the creditor (or assignee of the claim) was not a party to the litigation that produced the Decree of Divorce. Unless this was one of the VERY RARE instances where counsel for a party took the steps of serving Notice upon the creditor at a designated address. I can count on one hand and have fingers left over the number of times I have ever seen that done...

 

Where things get real dicey in a divorce is if there are interim orders that speak to responsibilities of the parties. Often times, it is the father who is held by the Court to be responsible for costs associated with care of a minor child even if the father is not the one taking the kid to medical professionals.

 

Pony up for an hour with counsel that represented you in the divorce proceeding...it will be money well spent.

 

these were accounts she opened in his name after they were legally separated. and not living together - hopefully separation agreement covers it

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Even if the debts HAD been addressed in the Decree, they are not binding upon the creditor precisely because the creditor (or assignee of the claim) was not a party to the litigation that produced the Decree of Divorce. Unless this was one of the VERY RARE instances where counsel for a party took the steps of serving Notice upon the creditor at a designated address. I can count on one hand and have fingers left over the number of times I have ever seen that done...

 

Where things get real dicey in a divorce is if there are interim orders that speak to responsibilities of the parties. Often times, it is the father who is held by the Court to be responsible for costs associated with care of a minor child even if the father is not the one taking the kid to medical professionals.

 

Pony up for an hour with counsel that represented you in the divorce proceeding...it will be money well spent.

 

Even if the debts HAD been addressed in the Decree, they are not binding upon the creditor precisely because the creditor (or assignee of the claim) was not a party to the litigation that produced the Decree of Divorce. Unless this was one of the VERY RARE instances where counsel for a party took the steps of serving Notice upon the creditor at a designated address. I can count on one hand and have fingers left over the number of times I have ever seen that done...

 

Where things get real dicey in a divorce is if there are interim orders that speak to responsibilities of the parties. Often times, it is the father who is held by the Court to be responsible for costs associated with care of a minor child even if the father is not the one taking the kid to medical professionals.

 

Pony up for an hour with counsel that represented you in the divorce proceeding...it will be money well spent.

 

these were accounts she opened in his name after they were legally separated. and not living together - hopefully separation agreement covers it

 

Separations are distinct from a divorce and, yes, hopefully there was a Separation Agreement filed with the Court that addresses such an event. Otherwise, it comes back to the battle between Counsel on the language in the Decree even though it would not be binding upon the creditors. The other issue is whether OP is willing to go with the nuclear option of dropping the now-ex-wife in the legal grease for the felony offenses...

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