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.

Asked on 6/14/07, 11:18 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

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.

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Answered on 6/14/07, 11:32 am

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