hospital suing my wife

[appendicitis]

What is the name of your state? OHIO

when my wife (then my girlfriend) was an 18 year old student in 1998 she had her appendix removed at a big hospital in town. She had no health insurance and did not pay the $10000 bill. This $10,000 represents a non negotiated health bill. Of course we all know any health insurance company would have negotiated it down to as low as maybe $4000-6000. Nonetheless, she did not have the money and the bill went unpaid for the past 8-9 years. We married 3 years ago and have a 2 year old daughter.

Last week we received a solicitation mail from a local defense attorney specifying that my wife would soon be sued by the hospital for the full amount and maybe more (interest, court fees, etc) and that we should hire him to defend us. We have yet to receive the court papers/summons, but I researched the Municipal court records website and sure enough there is an "open" case on the website which shows my wife as the defendent and the hospital as the plaintiff. The plaintiff's attorney info is also on the website (name, address, phone #, etc).

Here are my questions:

1. Should I contact the plaintiff's attorney and negotiate a deal or should I hire an attorney to do this? I would rather not pay an attorney a lot of money but would rather have the money go towards paying the bill. From a purely financial standpoint, what is the best move for me?

2. Although we plan to pay the bill, what can the courts do to obtain the hospital's money? For example, can they take our tax return money, even though at the time of the hospitalization I was not married to my wife? I make 75-80% of the income in the household if that means anything???

3. I want to resolve this as cheap and painless as possible. Thanks in advaance for all your help.

[BelizeBreeze]

she needs to resolve this. You can't do anything about it unless, of course, you want to hand her $10,000

[appendicitis]

she needs to resolve this. You can't do anything about it unless, of course, you want to hand her $10,000

That doesnt help much. I am looking for advice for both my wife and me.

[BelizeBreeze]

Originally Posted by appendicitis

That doesnt help much. I am looking for advice for both my wife and me.

tough. if you want the advice you WANT to hear, call Madame Zora. If you want the legally correct advice, you got it.

Or did you want me to tell you that the statute of limitations in your state for a promisory note is 15 years and SHE still has a long time to wait?

Or that when they sue HER, all joined assets can and will be attached and sold to satisfy the judgement.

Or......

[appendicitis]

Originally Posted by BelizeBreeze

tough. if you want the advice you WANT to hear, call Madame Zora. If you want the legally correct advice, you got it.

Or did you want me to tell you that the statute of limitations in your state for a promisory note is 15 years and SHE still has a long time to wait?

Or that when they sue HER, all joined assets can and will be attached and sold to satisfy the judgement.

Or......

If you really want to help, you can start by answering the questions listed clearly in my original post. We intend on paying this bill. I just want to make sure we pay the minimum amount.

[Ladynred]

OH is not a community property state, only the WIFE would be liable for the debt - which after almost 10 years has surely grown well beyond 10K. I also question as to whether or not its ACTUALLY the hospital suing, they typically will NOT hold onto an old unpaid account for that long.

1. Should I contact the plaintiff's attorney and negotiate a deal or should I hire an attorney to do this?

You could do either or both, but YOU can't do anything FOR her, it's not YOUR debt. Once you get the summons you will know for certain who is suing your wife and for exactly how much - be braced for a LOT more than 10K ! Given that it's almost 10 years old, you MAY be able to get them to settle for 50%, maybe - big maybe - less.

2. Although we plan to pay the bill, what can the courts do to obtain the hospital's money? For example, can they take our tax return money, even though at the time of the hospitalization I was not married to my wife? I make 75-80% of the income in the household if that means anything???

What can they do ?? Lets seee.... seize bank accounts - easy pickin's - garnish wages, sieze assets for auction, hound her for the next 20 years to pay up (that's how long judgments last in OH). They MAY be able to reach a tax refund, depends on state law. They could put a lien on your home if your wife's name is on the deed. The point is, they can do a LOT to get their money. However, there are some exemptions from judgment siezure, but in OH they're pretty paltry exemptions.

3. I want to resolve this as cheap and painless as possible.

I suspect you're not going to get away cheap on this, and it's unlikely to be painless.

[BelizeBreeze]

Hey red, long time....

And although it may not be a community debt, would you like to tell him what's behind door number 2 ?

[Ladynred]

Yeah.. I've been up to my eyeballs in other things for a while now

Door number 2 ?? Hmm.. well.. if her name is on the asset, it's vulnerable. Joint assets are not protected by default by any means.

[appendicitis]

ladynred:

thanks for the response. According to the municipal courts website, it is the hospital that is named in the documents. When I state that I want to discuss with the plaintiff, etc, it is of course with my wife. She will be there to initiate the conversation with the lawyer. I do not plan to do this on my own.

Do you suggest I get a defense attorney or will that be a waste of money?

By the way, the mail i received from the defense attorney wanting to represent my wife stated the ammount is about $10,000. I am hoping at minimum they will waive interest and also negotiate the true value of the medical fee.

[Ladynred]

Unless you're an adept negotiator, you might want an attorney. I would not hire some guy who mailed you.. probably not the best legal choice.

[debtcollector`]

And as a side note to muddy the water -- medical debts are one area where the husband is just as liable for the debt as the wife.

DC

[BelizeBreeze]

Originally Posted by debtcollector`

And as a side note to muddy the water -- medical debts are one area where the husband is just as liable for the debt as the wife.

DC

this was a pre-marital debt.

[Ladynred]

Yes, and as such, the 'doctrine of necessaries' would NOT apply.

[ProducerMark]

The first thing you want to do is find out is if the statute if limitations is expired.

Every state has a different law so you would need to find that out.

Statute of limitations expired = you do not have to pay.

The collection was probably sold to another agency and they are doing a last ditch attempt at collecting...

[BelizeBreeze]

Originally Posted by ProducerMark

The first thing you want to do is find out is if the statute if limitations is expired.

Every state has a different law so you would need to find that out.

Statute of limitations expired = you do not have to pay.

The collection was probably sold to another agency and they are doing a last ditch attempt at collecting...

Moot point. The SOL for a written contract is 15 years in Ohio. (the admissions paperwork). Along with a heafty 10% per year interest rate.