Medical Necessities

MEDICAL NECESSITIES

Hello, I am trying to find an interpretation or definition on ‘medical necessities’ as it applies to spousal liability for others debt.
This concerns a dental bill and I am not if dental is included as a ‘necessity’

I have done a fairly exhaustive search but there is ‘no joy’ yet.

Thanks,

permafrost

Sounds like an ambiguous term that an M.D. will define on a case by case basis.

Best thing to do is ask the party using the term how they define it.

Henry Franklin

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

I cannot advise you, but if it were me, I'd mark the Summons in bold red ink:

"REFUSAL FOR CAUSE"

and mail it back to the Clerk of Court Registered, Return Receipt.

But that's if it were me.

Henry Franklin

Originally Posted by HenryBowman

I cannot advise you, but if it were me, I'd mark the Summons in bold red ink:

"REFUSAL FOR CAUSE"

and mail it back to the Clerk of Court Registered, Return Receipt.

But that's if it were me.

Henry Franklin

AND that would send the message that,,,,...... I what?

THE absolutely only reason I am concerned is because of my wife being tacked on to this, I am 'usually' judgment proof, noncollectible, invisible.

But not today.

pf

[Ice]

So, did you contract with the Dentist... or did your wife? Was it a dental bill for one of your children... or was it yours?

The law you quote does not demonstrate that your wife is liable for your contracting with the dentist.

You could make him prove it... but there are other ways to handle debt collectors. As a matter of fact, since he is bsing you on this particular point... you should call him on it. He cannot threaten to do, or do, that which is not lawful. Check the FDCPA for more clues. Your wife may have a suit for damages. And you could end up "making law" with a favorable decision.

Ice

HERE is the thing.
my wife is recovering from major cancer surgery.

this thing is stressing upon her

i need to get her name removed.

easiest way is to pay the debt.

it was my contract with the dentist.

she used the same dentists and owes nothing.

here is the real clincher, i used the same dentist since 1987.

i just want my wife clear, and then i am going to wail on the sons of bitches.

pf

[Ice]

Don't wait. Have fun with this. The attorney/collector has damaged your wifes "financial character" IN VIOLATION OF LAW. His "excuse" for adding her to the activity is bogus and he should suffer the consequences for his arrogance.

Go get 'em.

(It doesn't matter if you pay the bill or not... you can still go after him... I wouldn't wait on it).

Ice

THANKS for your interest ICE.

excuse my no caps..

ANY advice on answering complaint to get wifes name removed, then when he amends complaint start nailing his knees to the floor.

permafrost