Legal Question in Credit and Debt Law in Indiana
is husband responsible for medical bills
If I claim that I am the responsible party for the portion of the hospital bill that insurance didn't pay can the court still garnish my husbands' wages? I am on disability and they put a judgment against him yesterday. The lawyer says that he is responsible for my bills. Is there any kind of protection because my son and I are both disabled? We will lose our home if they garnish his wages and we are paying what we can each month.
Thank You so much for your help.
1 Answer from Attorneys
Re: is husband responsible for medical bills
A husband could be legally responsible for payment of his wife's medical expenses (and vice versa), first if he signed as a co-responsible party when you were admitted to the hospital, and second by common law. However, find out for sure that someone has filed a lawsuit against your husband and obtained a judgment against him. Debt collectors often tell lies. Ask for a copy of the judgment and a written statement describing why your husband owes the money. Only if there is a judgment against your husband can his wages be garnished. In any case, tell the debt collector to stop telephoning you. Now, even if there is a judgment against your husband, he should go to court and explain why his wages are exempt from levy and execution: they are needed to maintain your household. The clerk of the court will have forms for a Claim of Exemption. If that doesn't work, he can file a bankruptcy case. Good luck.