Legal Question in Civil Litigation in California
i have 2 questions that are inregards to the same case: first, why would a collection agency who sued my wife and i for medical bills, have on one of the cases have 3 hospital bills dated 7/2008 and a 4th bill from 2010 on one suit, and then file a (second)that was attached to the first suit, on a bill from 2009
why did it get seperated, why didnt it all just go on one suit, im guessing its something to do with the statue of limitations maybe, the filing of this case was on aug. 30th,2012.
second question is, if im legally responsible for my wifes so called (book accts.) with the hospital and the lawsuit, can an arguement be made that we are then considered 1 entity, and both our hospital bills should be on one (booking) in regards to the finacial obligation, because if so then for the law suit of my wifes medical bookings, if we were aloud to add mine also, then the statue of limitations laws would be able to have an effect on the outcome of this lawsuit. has anyone ever used a defense like this, a husband and wife should be linked together for a suit against both of them, for a finacial recovery.
1 Answer from Attorneys
Without seeing the bills and the lawsuits, it is impossible to guess why the agency would have separated them into two proceedings.
You are legally responsible for your wife's obligations, to the extent that you have community property with her. The existence of the community property laws, however, do not make you "one entity" for purposes of debt owed to a third party. The statute of limitations runs separately on the separate debts of you and your wife. I see no viable defense based on this theory.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
