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I was going through my credit report and saw a collection agency listed for $75, OC was a dental facility that I have never been a patient and I have never received a bill from. The ca has never sent me a bill either.  I sent a debit validation letter because I truly believed there was no way that it could have been mine. They sent me back a statement from the OC with a list of all procedures and prices. It was from 5 years ago and in my husband’s name. The statement doesn’t list me at all. Which would explain why I never received anything. The letter from the ca states “our records indicate that this is a joint account with your spouse”. Am I responsible for someone else’s bill because I was married to them?

its only $75 so not a big deal but I’m not going to pay for something that isn’t mine without proof. Just wanted some opinions. 

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On 9/10/2020 at 5:52 PM, Charlie543210 said:

I was going through my credit report and saw a collection agency listed for $75, OC was a dental facility that I have never been a patient and I have never received a bill from. The ca has never sent me a bill either.  I sent a debit validation letter because I truly believed there was no way that it could have been mine. They sent me back a statement from the OC with a list of all procedures and prices. It was from 5 years ago and in my husband’s name. The statement doesn’t list me at all. Which would explain why I never received anything. The letter from the ca states “our records indicate that this is a joint account with your spouse”. Am I responsible for someone else’s bill because I was married to them?

its only $75 so not a big deal but I’m not going to pay for something that isn’t mine without proof. Just wanted some opinions. 

are you in a community property state? was this service for your husband via your insurance?

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Follow the guides;

https://whychat.me/GUIDEBOOK.html

 

https://whychat.me/GUIDE HIPAA PROGRAM.html

 

The initial dispute letter to the CRAs will probably get rid of this JDB (junk debt buyer)

https://whychat.me/hipaadisp.html

 

If you have recently applied for a mortgage or refi your data has been sold to data miners who will dredge up old invalid accounts to poison your reports.

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8 hours ago, hegemony said:

are you in a community property state? was this service for your husband via your insurance?

+1  Also does your state recognize the common law Doctrine of Necessaries?

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please forgive me for wanting to learn how something for another person might have ended up on the OP's lap (whether it should have or not). 😕

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There are (to the best of my knowledge) NO circumstance where either the Community Property or Doctrine Of Necessities could engender any kind of entry on anyone's credit report. In the rare circumstance where  someone's estate is sued for medical claims on the basis of Community Property that would not appear as a judgment against the surviving spouse.If a spouse were sued for medical expenses under the doctrine of necessities that would also be in  a completely different Court system. 

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Unless there is a federal or state law that expressly prohibits the reporting of the information, by default it can be reported if she has liability. Federal law specifies only what cannot be reported on a consumer report and mandates certain disclosures if certain types of information are disclosed. See Section 605 of the FCRA, 15 U.S.C. 1681c. There is nothing in that statute that would seemingly prohibit the creditor or CA from reporting the debt IF the OP is liable.  It is not clear if she is liable which prompted the questioning from @hegemony and myself.  

 

To answer the OP, depending on the state you live in and whether the legal requirements for the Doctrine of Necessaries, if applicable, or other statute, then yes it is possible that you could have liability. The law is highly variable from state to state.  In some states, it may or may not also have to be reduced to a judgment first.  It might be best for you to contact a local attorney or research your state's law.  Some firms may offer free consultations. If you don't have liability then you potentially have a cause of action under the FCRA if the CA refuses to remove it.

 

 

  

Edited by CreditCurious20

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2 hours ago, Why Chat said:

The FCRA prohibits the direct reporting by a health care provider of a medical debt. IF a health care provider obtained a judgment only the judgment lien could be reported. A CA would have no standing in Court in such a case.

 

https://law.justia.com/cases/kansas/supreme-court/1992/66-075-3.html

 

1. The case you cite from the Kansas Supreme Court strikes down, at least in the state of Kansas, the Doctrine of Necessaries at it existed at common law.  My state, Virginia, also found that the Doctrine of Necessaries as it existed at common law unconstitutional due to gender discrimination (just as Kansas did here). My state legislature responded by passing legislation that reinstated the doctrine but applied it to both spouses as to remedy the constitutional infirmity. Other states have done the same, passing statutory versions that eliminate any constitutional issues. As the Kansas Supreme Court even notes other state supreme courts have simply reinterpreted the common law doctrine to apply to both spouses to remedy any constitutional infirmity.  Some states have abolished it through legislation or judicial interpretation; however, the doctrine (or a modernized formulation) survives in many states. 

 

2. The CA isn't going to sue for FCRA violations so it is immaterial that it wouldn't have standing for that. If you mean it doesn't have standing to sue for the debt, it would just send the debt back to the original creditor to file suit unless it purchased the debt then it would have standing to sue directly as assignee. 

 

3. Section 605 of the FCRA, 15 U.S.C. 1681c (a) (6)(a) allows the name, address, and telephone number of any medical furnisher IF "such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or nature of such services, products, or devices, or devices to a person other than the consumer."  This is not the same as saying that a health care provider cannot report a medical debt. I frequently see people with medical collection accounts on their report in a hospital's name. So as long as it general (XYZ hospital) it is okay. It would be barred by the FCRA to report XYZ oncology or Jim Jones, MD though.  A large hospital/health system in my area reports thousands of trade lines every month as "XYZ Health System."

 

 

 

 

Edited by CreditCurious20

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I live in Nebraska. The OC and procedure was done in the state of Iowa. CA is in IA as well. Nebraska is not a community property state. But they do recognize doctrine of necessaries and my research shows that I am liable for his medical debt. 
I cannot find anything on if they can muddy my credit report or not. 

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I am sorry that your post has gotten bogged down with extraneous legal advice. Just follow the guides to get it deleted.

Follow the guides;

https://whychat.me/GUIDEBOOK.html

 

https://whychat.me/GUIDE HIPAA PROGRAM.html

 

The initial dispute letter to the CRAs will probably get rid of this JDB (junk debt buyer)

https://whychat.me/hipaadisp.html

 

If you have recently applied for a mortgage or refi your data has been sold to data miners who will dredge up old invalid accounts to poison your reports.

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