Husband Medical Bill

[Shadowmaker]

What is the name of your state? Wisconsin
History:
My husband has a medical bill which was incurred 1/04. Insurance paid on $15,000 of that bill, which left him with $1100 to pay off. He received one letter fromt he hospital with the outstanding bill amount in June. He never made a payment on it, hence it was turned over to collection. Collection Agency sent out 1 notice 7/20/04. Husband responded to it stating he would pay $30/month on 7/30/04. (Side note:Husband was not nice to lady.) Collection agency sent a suit auth to hosp 9/10/04. Hospital signed off and returned it to the Collection agency 9/15/04. Check was mailed by me to hospital on 9/10/04 for $30. Hosp cashed ck cleared bank 9/14/04. Collection agency accepted payment on 9/14/04.
Current day:
I called up the collection agency to make sure they received the payment. I was told that they didnt receive it right off the bat and also told that a suit was being filed against ME for this bill. The gal I talked made these points clear: 1> she pulled by credit report. 2> stated i had good credit. 3> told me to add this debt onto my mortgage or onto one of my cars so that i could pay them off. 4> then she proceeded to ask me personal questions, husbands work - told her he doesn't, she knew where i worked, and i acknowledged it, then asked me what how much I make...told her of course none of her business.
OK, as you can guess at this point, she had nothing more to say to me. Since I would not tell her how much I make, she would not agree to any payment terms. I stated that they already agreed and cashed my first check. She stated that it was sent to the hosp and they were not aware that i was going to court. Asked her when she was going to then send me my money back, and she stated she wasn't...of course.
Questions:
1> Can a collection agency pull a spouse's credit report? I never completed any paperwork at all at the hospital with my husband, I was not even there.(At home with a 1 week old baby.)
2> Threaten to throw a "summary judgement" against me simply because I would not give them the $$ of what I make?
3> If they accept the money which was agreed upon in the first place, why would they then turn around and file a suit against ME(spouse)?
4> The lady would not talk to me about payment arrangements at all. She stated that since I wouldn't cooperate with her, she would have no choice but to send me court. This just does not seem fair.
5> Can they actually "expect" me to add this debt to another debt just so that they can get their money? Does this help at all? 425.106f = “That the terms of the transaction require customers to unreasonably jeopardize money or property beyond the money or property immediately at issue in the transaction;”

Now, I am not going pity on me...He owes the money...He has to pay it, but it is screwing me in the meantime. Can they garnish my wages, since I am basically head of household and provide everything? I do not want a judgement sent against me, but it appears as though if I do not do what they say when they say it, I go....grrrrrr.

Suggestions?

 

[Ladynred]

1> Can a collection agency pull a spouse's credit report? I never completed any paperwork at all at the hospital with my husband, I was not even there.

Unfortunately, WI is a community property state - you share all marital assets - AND all debts incurred during the marriage. So, yes, they can do this to YOU.

2> Threaten to throw a "summary judgement" against me simply because I would not give them the $$ of what I make?

No, this is bullcrap. Its a typical collection agency threat to scare people into forking over money they believe you are secretly hoarding but won't give them any. They can't just get a summary judgment, they have to go thru the lawsuit process FIRST.

3> If they accept the money which was agreed upon in the first place, why would they then turn around and file a suit against ME(spouse)?

Community property says they can sue YOU. As for your 'agreement' , if it wasn't in writing, it never existed as far as they're concerned and they don't give a rat's behind either.

4> The lady would not talk to me about payment arrangements at all. She stated that since I wouldn't cooperate with her, she would have no choice but to send me court. This just does not seem fair.

Well, get used to it, there is NOTHING "fair" about debt collection - all they want is to get the money you owe as quickly as possible and run with it. She was applying pressure via threats because you wouldn't give her the info she was fishing for and has no right to in the first place. IF they sue and you go to court, and lose, THEN they have the legal right to ask invasive questions, until that time, you don't have to tell them diddly squat.

5> Can they actually "expect" me to add this debt to another debt just so that they can get their money?

They EXPECT to scare the bejesus out of people so that they'll cough up that secret stash of cash all deadbeats have - that's their attitude - I'm not calling you a deadbeat They have no right to demand that you take out loans or add this debt to others, or to ask "friends or family" to loan you the money (another favorite of theirs !), its typcial collection agency bullcrap - ignore it.

Since you do live in a CP state, then they can sue BOTH of you and since you're the one with the job, they'll target you. They CAN garnish wages too. But keep in mind that lawsuits don't happen overnight and you DO have rights and you CAN negotiate - just make sure ANY arrangement is in writing,even if it goes as far as court.

CA's know that people don't know their rights - read the FDCPA (FTC.gov). They also know that people are scared witless of going to court, so they use that threat liberally to intimidate and induce fear. Don't give in to their tactics, and don't play their phone game - that is EXACTLY what they want.

 

[JETX]

Can a collection agency pull a spouse's credit report?

Since WI is a community property state, yes.

Threaten to throw a "summary judgement" against me simply because I would not give them the $$ of what I make?

Yes, they can threaten... but it would be entirely up to the court to grant the motion.... and only AFTER they file a lawsuit.

If they accept the money which was agreed upon in the first place, why would they then turn around and file a suit against ME(spouse)?

There is no prohibition against them from pursuing the debt or filing a lawsuit to recover, whether you have paid or not. Presumably, I would think they feel that $30 per month on an $1100 debt (almost 4 years, not counting interest accrual) was not sufficient.

The lady would not talk to me about payment arrangements at all. She stated that since I wouldn't cooperate with her, she would have no choice but to send me court. This just does not seem fair.

I understand your feelings, but they really have no legal obligation to allow you any payment arrangement. And though it does seem overly aggressive for them to pursue this avenue, it is not illegal to file a lawsuit to try to recover a valid debt.

Can they actually "expect" me to add this debt to another debt just so that they can get their money?

Is it 'fair' to somehow expect that they should have to wait for payment??

Can they garnish my wages, since I am basically head of household and provide everything?

If they get a judgment against you, yes, they can garnish your wages (up to 20% of your net pay).

 

[Shadowmaker]

Oh Boy. Well I received a letter from the attorney today, four days after talking to them. It appears as though I will not have any choice but to go to court and ask the court to allow payment arrangements. Sucks that those that want to pay the bill, can't, and get screwed because of the actual deadbeats out there refuse to pay even though they can.

Any suggestions on how to go about pleading with the court to allow payment arrangements and not kill me with court costs, attny fees, etc?

 

[JETX]

Any suggestions on how to go about pleading with the court to allow payment arrangements and not kill me with court costs, attny fees, etc?

Nope, because what you are hoping, won't happen. The courts job is only to determine whether the claim made by the plaintiff is valid or not. They will not get into making any 'payment arrangements'. That is between you and the plaintiff. And yes, if it goes to court, you will get hit with court costs, attorney fees and post-judgment interest.