Spousal Responsibility for debt in Oregon

Status
Not open for further replies.

MsHarris1222

New Member
I received a call from a collection agency for my husband's medical bill. I never signed any financial responsibility forms for him when he was in the hospital. After the collection agent found my name to be the same as my husbands she proceeded to tell me I would have to pay his bill. I told her I wouldn't and then she sent me a bill in the mail and replaced his name with mine! Is this legal? Oregon is not a community property state but will this go against my credit and can they garnish me?
 
I received a call from a collection agency for my husband's medical bill. I never signed any financial responsibility forms for him when he was in the hospital. After the collection agent found my name to be the same as my husbands she proceeded to tell me I would have to pay his bill. I told her I wouldn't and then she sent me a bill in the mail and replaced his name with mine! Is this legal? Oregon is not a community property state but will this go against my credit and can they garnish me?

I am trying to obtain the same information does anybody know. My impression is that a spouce is not responsible, at least in the past
not sure at this time.
 
I wouldn't think they can put it on your credit report unless they have your SSN. In the mean time I would contact your state attorney general's office and file a complaint. Take a look at the Fair Debt Collections Practices Act. I believe they are in violation.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

The part I think they violated is contacting you about the debt since you were not part of the original debt. Being your spouse this would be up to state law, so I'm not 100%, but sounds like a violation of the act.

Aside from that I would think that they have shot themselves in the foot, probably figuring you would get scared and pay. They way they shot themselves in the foot is you can now dispute the debt as not yours. Send them a letter in writing stating the debt is not your debt and therefor not valid, and in the letter you need to include that they are not to contact you again regarding this matter.
 
Medical debt is different-- they are considered a family expense -some states have where you can be liable for your spouses medical debt even though you never signed with them unless you can prove you were separated or in the middle of a divorce at the time. Here in Utah I can be liable for my husband's medical bills
 
Status
Not open for further replies.
Back
Top