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P. Simmons
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 32818
Experience:  12+ yrs. of legal experience.
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I re-married and live in Colorado and my daughter lives in

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I re-married and live in Colorado and my daughter lives in Oregon with her mother where we have joint custody; my divorce decree states that my x-wife is responsible for all non-covered medical expenses for my daughter, while I maintain full coverage. My daughter received about $7,000 in treatment some time ago at the behest of her Mother - I never signed or approved the treatment. I received a notice from a collection agency today (the first I've heard of any of this) demanding nearly $8,000 full payment within 30 days. My X-wife assures me that this is some entanglement between two insurance companies vying for Primary/Secondary status. I DO NOT want this "collection" to appear on my otherwise perfect credit record. How do I proceed?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

So how are you on the hook for this if you did not authorize the treatment? How is it they have you as the debtor (the one who has to pay the bill)?
Customer: replied 5 years ago.
Clearly my X wife listed me as a guarantor at the time of treatment. My concern is that they have no position on my because I never authorized treatment, yet this collection agency is has the power to turn this into some kind of full-bore collection event. I want to know how to call them off quickly before this escalates.
Well, that seems the key here...if you did not obligate to this bill, its not going to be easy (or likely even possible) for them to collect.

Then there is the issue that it seems your ex is violating the court order (since she is on the hook to pay the costs not covered by insurance).

If the concern is the credit report, you can notify the collections agent that this is not your bill and to remove it from your report. If they refuse, you can sue them under the Fair Credit Reporting Act and force them to. The cool thing about the FCRA is it has "teeth" provides for attorney fees so its easy to find a lawyer who will sue for you.

If, by some odd turn, you were liable for this bill, you can sue your ex to force her to pay the amount (again the court order has her responsible for this cost)...and you could take her back to court and ask the court find her in contempt for failing to follow the order.

Let me know if you have more questions
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