If I incurred a medical debt under my name only and under my insurance, can my spouse be included in a collection law suit filing?
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If I incurred a medical debt under my name only and under my insurance, can my spouse be included in a collection law suit filing?
Asked on November 21, 2012 under Bankruptcy Law, New Jersey
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Your spouse could be included in a collection if your spouse's name is on a joint account or if the debt was incurred during marriage. Every state is different. Generally speaking, there is no claim against your husband because a) it was not his insurance and b) it was your medical debt. However, this may not prevent the joint accounts from being frozen or used in a garnishment or attachment post-order for collection.
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