Expert: Creditwrench - 6/10/2010

Question
QUESTION: My wife has a past medical bill 3 years old 6/7/2010. A collection agency had sent the bill which was the same event but 3 parts to the bill to 6 months ago she advised them one of the bills was not correct. The bill in question showed a balance of 2100.00 but the record we found showed 167.00 owed by her insurance and they had paid the allowed amount by contract and her balance owed was 167.00. The collection agency never responded and then she gets a lawsuit but the put me her husband on the suite. Now I am not on any of the hospital records as a responsible party and was not on the insurance she carried through her employer at the time. The collection Agency and Law firm state by virtue of marriage I am responsible and it does not matter that I am not on any of the documents or insurance. Is there a way to get this suite dismissed because of the one bad record and the fact they put me on it? We are more than willing to settle any debt we owe but the law firm states we have to prove it incorrect.

ANSWER: The first thing I need to know is whether or not you live in a community property state. If you do then you are jointly responsible.


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QUESTION: No Oklahoma is not a community property state. In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

ANSWER: Who did that to you, Love, Beal & Nixon, Mogan & Assoc.? Who? Or Don't you live in OKC? If not what city?
Whoever filed the lawsuit had no right to sue you too. That stuff about your being married makes you equally liable is nonsense. You might have a cause of action against them for having done that. They can sue both parties in a mortgage foreclosure even though only one is on the note but I think that they can't do that except in a mortgage foreclosure or where there is a note such as a vehicle purchase, anything where both parties signed for responsibility. So if you didn't sign at the time of treatment I doubt they can include you on the suit. Of course your wife will lose the lawsuit and get a judgment against her. Then comes garnishment if she works somewhere or has her name on any bank accounts or owns any vehicles free and clear. She needs to get her name off of any bank accounts whatever. If you are joint with her get her off your bank accounts or they can grab your money too. You can't mix funds. In otherwords, she can't give you her paycheck to cash for her or they can grab your funds too. Can't co-mingle funds. If this lawsuit is the first contact the lawfirm has had with her she needs to send a demand for validation along with her response to the complaint. You might want to call me to learn how to put up an effective fight. I'm not a lawyer but I sure do know how to make them cry a lot.

Bill Bauer
(405) 237-2174


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QUESTION: It was Tulsa Adjustment Bureau in Tulsa OK. IF I can action this I want to so let me know.

Answer
I'd suggest that you might want to file a separate action against them. We have won some foreclosure cases that way where one of the parties was wrongfully sued. However there is a lot more to be worried about than that. How does she plan to respond just for starters? Has she demanded validation of the debt? Since you are on the lawsuit you will also have to respond. Both of you should respond and both of you need to get your discovery tools rolling immediately. If not you will both surely lose the case and both will be held equally liable. You will have to do this right or you both get screwed.