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Old 07-29-2005, 02:12 PM
permafrost
 
Posts: n/a
Expenses for necessaries of the family

My Question about medical neccesities was a bit off.

It should be;

Is dental work considered a neccesary?

Here is the deal;

• I have a dental bill that went to collections because I disputed the Quality of the work.

• It went to collections and the OC added my wife as liable for debt.

• My wife’s CR showed the debt reporting and disputed it and it was removed.

• The debt went to an attorney and he added her name back on.

• Yesterday we were both served a summons to answer.

• The attorney contends that state law finds spouses liable for the other’s dental work.

• I have decided to pay the bill, so my wife is not stressed anymore, she is recovering from major surgery.

This is the statute that pertains;

40-2-106. Liability for acts or debts of spouse. Neither husband nor wife, as such, is answerable for the acts of the other or liable for the debts contracted by the other; provided, however, that the expenses for necessaries of the family and of the education of the children are chargeable upon the property of both husband and wife, or either of them, and in relation thereto they may be sued jointly or separately.

I intend to file a complaint against the attorney and the dentists once this is paid.

Any procedural pitfalls to avoid?

permafrost
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