What are my rights?

[mcgirl]

What is the name of your state? Mississippi
My husband had some x-rays done at a hospital in May. Out insurance paid and we received notice of what we owed in June. I sent in a payment on this in June and another in July. I am receiving calls from the hospital to me that I must pay the entire bill or they will send to collections. I thought if you made regular payments they could not do this. Also he signed all of his papers when this was done, including the one saying he would be responsible for this bill, but they have put this on my name and are threatening to send my name to collections. I have received 1 letter and 3 phone calls already concerning this. What are my legal rights concerning this?

[Veronica1228]

Originally Posted by mcgirl

What is the name of your state? Mississippi
My husband had some x-rays done at a hospital in May. Out insurance paid and we received notice of what we owed in June. I sent in a payment on this in June and another in July. I am receiving calls from the hospital to me that I must pay the entire bill or they will send to collections. I thought if you made regular payments they could not do this. Also he signed all of his papers when this was done, including the one saying he would be responsible for this bill, but they have put this on my name and are threatening to send my name to collections. I have received 1 letter and 3 phone calls already concerning this. What are my legal rights concerning this?

I don't know why they are telling you that you owe any of this unless you also signed a form, your husband put you somewhere on the form as secondary responsible party, or they are just telling you this because you are the one answering the phone.

However, they are within their rights to demand payment in full and send it to collections unless you have some kind of agreement in writing stating that they won't do this if you continue to make monthly payments.

[Debt Guy]

In many states, both spouses are responsible for certain debts called "necessaries". The term goes back to English common law. Way back then women were not allowed to own property or to inherit. The doctrine made their husbands responsible for any debt of the wife that was incurred and that was "necessary" for survival. The most common necessary was food -- the wife would do the shopping and "charge-it" to the husband.

Rent and medical bills fall into this category. It is possible that you are obligated without ever signing anything. Since they reported to the credit bureau in your name, I suspect this is the case.

I do not know if this doctine is a part of MS law. I tried to do a search but did not find anything quickly and I am short on time today. You might want to go to the MS home page, find the link to MS statutes and search on "doctrine of necessaries".

Veronica is always teaching me something -- I don't often get to teach her something new.

[Veronica1228]

Originally Posted by Debt Guy

Veronica is always teaching me something -- I don't often get to teach her something new.

Aw shucks.

Seriously though, this is great info. Thanks for the correction.