Paying for medical bills

[smtotwo]

I will do my best to keep this staight and short.

2 days ago i received a letter from a collection agency for a hospital bill for my son.  The bill was for an ungodly amount. Son had some testing done as he had blood in his urine.

When I called the agency they informed me that there were bills for both my sons and my wife.  After a little digging I found that the exs
bills and her new husbands bills all listed me as the responsible party.
THey did change this,so that ex and husband have their own account.
This dropped the bill my amost 2/3.  Agency also stated that every letter they send the ex comes back address unknown.    

I am responsible for 50% of all uninsured medical, per divorce decree.
Agency stated that I am responsible for 100%.  
I never received a bill from the hospital, when I contacted them they said that they only send bills to custodial parent but that I still am 100% responsible. They are now sending me a copy of the bill as well.

In court Judge told ex that she MUST send me any bills within 14 days so that I may pay my portion.  The tests were done in August and this is the first bill I've received.  As this is not in the order, only in the transcript, it is not an order.

I have posted to a fathers group in my state about this but have gotten conflicting answers.  However the overwhelming anwer was that this is the ex's bill and she is responsible party, as she signed the papers, but listed me as resposible party.   SHe can either pay the full amunt and get the 50% from me directly or I can pay my 1/2 and she can pay her half directly.    I do not dispute the 50%, but it is impossible to pay a bill I never got.

1) Can collection agency force me to pay a bill I had no knowledge of,
    and never signed any papers for?

2)  Or is this the ex's bill, then I reimburse her? or pay either dr. or collection agency directly?

We are in Wisconsin.  Thanks.

[socrateaser]

>1) Can collection agency force me to pay a bill I had no
>knowledge of, and never signed any papers for?

Only a court can force you to pay, but the court "can" force you to pay if the collection agency requests payment from you.

>
>2)  Or is this the ex's bill, then I reimburse her? or pay
>either dr. or collection agency directly?

Under common law, a parent is responsible for the necessities of his/her minor child. Legally, there is no contract between yourself and the healthcare providers, so you aren't in breach of contract for not paying.

However, because you are responsible for payment via your common law duty, the collection agency can ask a court to order you to pay.

This is a suit in quasi-contract, i.e., you have received an unjust benefit of healthcare services for your child, at the expense of the healthcare provider, and it is fair that you pay.

If you were sued by the collection agency, then the proper procedure would be for you to implead/countersue the mother, and force her into court so as to pay her half of the bill, on grounds that she would otherwise receive an unjust benefit at your expense.

So, your choices are simple: pay the collection agency in full now, and then sue your ex for reimbursement using the court's contempt powers to force her to pay you, or do nothing until the collection agency sues you.

Your risk is that the collection agency will ding your credit record and then later refuse to remove the negative entries. Also, if you're sued, you will have to pay the costs of suit, because you wil lose.

I would seek to settle the matter now by writing the collection agency, certified mail:

"Without admitting liability, I will agree to pay this bill in full, in return for an agreement signed by an authorized representative of your company and of principal whom you represent in this matter, stating that you both jointly and severally accept the fiduciary duty to remove any negative entry regarding this issue from the records of the three major credit reporting agencies (Transunion, Equifax and Experian).

Alternatively, if you provide reasonable proof that neither you nor your principal have negatively reported me to any of the three above-referenced credit reporting agencies, or that you have actually removed all negative entries in response to this letter, then I will pay the bill in full upon receipt of that proof.

I enclose my check (#????) for 25% of the alleged payment due, balance to be paid upon receipt of the above-requested signed agreement."

Then, on the back of the check, you write: "Negotiation of this check represents unequivocal assent to the conditions under which it is offered."

I would copy your ex, by certified mail on the letter, and I would include a letter to her, stating that if you do not receive payment for one half of the bill within 10 days, that you will seek a court order against her for reimbursement of her portion of the bill, and for attorney fees and costs of suit.

PS. If you don't get your checks back from the bank, then change your account so that you do get them back. Never let a bank keep your negotiated checks.