Legal Question in Credit and Debt Law in Missouri
old medical bills
my husband has been divorced for 4 years and in the papers it states all old medical bills for the 2 children are to be split equally and she pays her own as he does. now he has garnishment on check for hers and childs and 3rd child that doesnt belong to him. called they said they are 3rd party debt collection and will not honor divorce decree. can they make him pay all debt including child that is not his.
2 Answers from Attorneys
Re: old medical bills
How can the man be legally responsible to pay medical bills for a cild that is not his? If what you are saying is true, then there may be a wrongful garnishment action and possibly also a suit against the bill collectors for violation of the fair debt collection practices act. This guy should definitely consult with an attorney.
Re: old medical bills
If you did not sign as a guarantor, then no. Tell them you dispute the charges under the Fair Debt Collection Practices Act and that you are not going to pay them, and that if you sue them, you'll file a counterclaim under the FDCPA for filing a lawsuit that is barred as a matter of law.
Unless they sue you under the doctrine of necessaries, which I doubt they would do, they should be forced to pursue the party who actually guaranteed the payment. You are certainly not required to pay for the child that isn't yours.
Good luck
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