Can I alone be sued by the hospital I was in, if my husband made a payment agreement with them as the guarantor and missed payments?

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Can I alone be sued by the hospital I was in, if my husband made a payment agreement with them as the guarantor and missed payments?

The bills never came in my name and I did not sign a payment agreement. My husband had automatic payments coming out of his bank account. He got a new bank card but forgot to update his account information with the hospital, so he missed 2 payments before he caught it. They accepted the payment he made at that point but turned the account over to their attorney, who is pursing me alone. He told my husband that they go after the patient. They sent me a letter threatening suit if I do no pay them and sent a copy of the complaint against me that they have filed with the courts.

Asked on December 25, 2011 under Bankruptcy Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the issue. Your husband had no obligation in their mind to pay this debt because as the attorney informed you, you were the patient. You as the patient will always be the one liable since you undoubtedly signed documentation prior to your procedures/surgeries that if insurance did not cover some or any of it, you would be responsible. It does not relieve you of liability if your husband is acting as your guarantor, but the company reacted legally too quickly by not acting in good faith. Your husband should have fixed the error immediately. At this point, if your husband wishes to continue paying, he should contact the attorney and explain that all entries of this debt as a collections matter need to be erased from his and your credit reports before he continues with payment since the original creditor accepted payment and referred it any way in bad faith.


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