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Questions Re: Medical Debts and CA's

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sarie_in_virgin

Junior Member
What is the name of your state?What is the name of your state? Virginia

Okay, so I am new here and my head is spinning from all the different things I have read. My basics : 24 years old, single mother, recently divorced, trying to clean up credit report (both from mistakes in college and residuals from divorce) without the disposable income to hire an attorney. I have a couple of questions so I figured I would just ask them all at once and in advance want to say that all replies and advice are greatly appreciated.

1. I received a 'warrant in debt' for an ER visit in 2003. (Wouldn't you know as soon as I seriously began attempting to clean up my CR) I honestly do not remember this, they say it occurred on my birthday and I'm almost positive I would remember an ER trip on my bday. At this point can I request verification, or would it have been necessary for them to have proven it before I was served? Also I cannot pay it upfront so will I have the option to set up a payment plan? Another question, it is in my maiden name and this would have been a full 2 years after I was married and had changed it - does that affect anything? Should I just take the judgement and then try to satisfy and have it removed later?

2. Also regarding medical debts -- For a time during my marriage neither myself nor my husband had insurance, and in our divorce settlement each was to be held liable for their own medical bills. I have read some postings stating that was not true, contract law and community property states and all that, does anyone know the specs for the state of Virginia or where I could find them?

3. In regards to DV's -- Am I shooting myself in the foot to send them out without receiving something from the CA first? A couple of them I have no doubt are mine, however some of them are not familiar to me at all. I have heard this can happen due to all the bouncing around of debt these days, but if I contact them will that make them begin harrassing me? Also, since obviously it has been more than 30 days since I have received any correspondence from them does that mean that I assumed the debt no matter what I do now?

4. Can you send a DV to an OC? The one account which is still held by the OC on my CR is a Cap One Visa which I wasn't aware of until after my divorce when it popped up on my CR saying I was an 'authorized user'. Do you handle correspondence with an OC any differently than a CA? Also, is a signature required to become an authorized user or am I liable simply by being named by my ex-husband? The rest of the marital debts were assigned to him for payment but he hasn't been making any so I would prefer to just take the loss and try to clear this one up on my own before it goes completely bad. The one thing which I have not read differing opinions on however is that Cap One is a horrible institution to deal with when attempting to arrange payment schedules and holding up their end of the bargain so I'm a little wary of where even to begin...

Again thanks to anyone who takes the time to post, like I said I am trying to do this on my own and don't want to destroy my chances by making a beginner's mistake.

Sara
 


sarie_in_virgin

Junior Member
sarie_in_virgin said:
What is the name of your state?What is the name of your state? Virginia

Okay, so I am new here and my head is spinning from all the different things I have read. My basics : 24 years old, single mother, recently divorced, trying to clean up credit report (both from mistakes in college and residuals from divorce) without the disposable income to hire an attorney. I have a couple of questions so I figured I would just ask them all at once and in advance want to say that all replies and advice are greatly appreciated.

1. I received a 'warrant in debt' for an ER visit in 2003. (Wouldn't you know as soon as I seriously began attempting to clean up my CR) I honestly do not remember this, they say it occurred on my birthday and I'm almost positive I would remember an ER trip on my bday. At this point can I request verification, or would it have been necessary for them to have proven it before I was served? Also I cannot pay it upfront so will I have the option to set up a payment plan? Another question, it is in my maiden name and this would have been a full 2 years after I was married and had changed it - does that affect anything? Should I just take the judgement and then try to satisfy and have it removed later?

2. Also regarding medical debts -- For a time during my marriage neither myself nor my husband had insurance, and in our divorce settlement each was to be held liable for their own medical bills. I have read some postings stating that was not true, contract law and community property states and all that, does anyone know the specs for the state of Virginia or where I could find them?

3. In regards to DV's -- Am I shooting myself in the foot to send them out without receiving something from the CA first? A couple of them I have no doubt are mine, however some of them are not familiar to me at all. I have heard this can happen due to all the bouncing around of debt these days, but if I contact them will that make them begin harrassing me? Also, since obviously it has been more than 30 days since I have received any correspondence from them does that mean that I assumed the debt no matter what I do now?

4. Can you send a DV to an OC? The one account which is still held by the OC on my CR is a Cap One Visa which I wasn't aware of until after my divorce when it popped up on my CR saying I was an 'authorized user'. Do you handle correspondence with an OC any differently than a CA? Also, is a signature required to become an authorized user or am I liable simply by being named by my ex-husband? The rest of the marital debts were assigned to him for payment but he hasn't been making any so I would prefer to just take the loss and try to clear this one up on my own before it goes completely bad. The one thing which I have not read differing opinions on however is that Cap One is a horrible institution to deal with when attempting to arrange payment schedules and holding up their end of the bargain so I'm a little wary of where even to begin...

Again thanks to anyone who takes the time to post, like I said I am trying to do this on my own and don't want to destroy my chances by making a beginner's mistake.

Sara

If anyone could give me any answers I would appreciate it..

Sara
 

Ladynred

Senior Member
1) You've already been served with a summons and complaint. Your FIRST action is to file your Answer to it and make it a general denial. You can send a SEPARATE debt VALIDATION letter to the attorney, but don't be surprised if its ignored.

Another question, it is in my maiden name and this would have been a full 2 years after I was married and had changed it - does that affect anything? Should I just take the judgement and then try to satisfy and have it removed later?
Your maiden name has nothing to do with the validity of the lawsuit - your SSN is the same. I would try to avoid judgment if you can, call the attorney and try to negotiate a payment plan - but make sure you GET IT IN WRITING.

2) VA is NOT a community property state. If you didn't sign anything saying you'd be responsible for paying HIS bills, then you're off the hook.

3) First of all, you Original creditors do NOT have to validate anything, so DV'ing one is pointless, they are NOT bound by the FDCPA. If a CA contacts you, DV THEM. If you contact them, and they don't have your contact info, they'll get it when you call or write, and the could start to harrass you.

4) As an Authorized User, YOU are NOT liable for the debt, only the PRIMARY card holder is. No signature is required to be an AU, the card holder calls and asks that you be put on the card as an AU -- no signatures needed.

You're NOT obligated to even PAY Crap1, you're only an AU. If you want to read horror stories about Crap 1 go to www.creditboards.com - -there are tons of 'em.
 

sarie_in_virgin

Junior Member
Another question regarding the Cap1 card then -- It is showing on my CR as 180+ past due. Since I'm not responsible as an AU is there anyway to get it removed or is it just stuck in a kind of limbo?
 

Ladynred

Senior Member
You can try disputing it as 'not mine' and see what happens. Just use a bit more detail than just 'not mine' -- something like 'never had an account in my name with this creditor' ..
 

sarie_in_virgin

Junior Member
One more question for you lady -- and a million thanks for your help!

I read the credit board forums and all the problems other people had with Cap1 - several the same problem I have, grrr... I got a great dispute letter from creditinfocenter.com and now need to know do I dispute with Cap1 or the CB's? If you could answer this I promise I will not take up any more of your time.

Sara
 

Ladynred

Senior Member
Start your dispute with the credit bureaus.
If that doesn't work, the FACT Act now allows consumers to dispute DIRECTLY with the furnisher of the information.
 

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