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Today I received a notice from a collections firm. A kansas hospital bill in my wifes name has become my responsibility because in Kansas the spouse becomes responsible for the deceased persons medical bills. Is this true? Does this also apply to any other debts she may have accrued ? Frankly, taking my name and putting it on a bill and sending me to collections seems outrageous. I currently live in florida. I moved here from kansas about 6 months ago. My wife passed away in Feb. of this year in Florida. I have a small death benefit and am not employed at this time. Can they take that or freeze my bank account for this as well? How much trouble will I be in if I drain the bank account myself. I have a feeling that this relates somewhat to a question I asked previously but I'm trying to get a grip on all facets of this activity.
Optional Information: State/Country relating to question: Kansas Already Tried: nothing yet
Did you open an estate for her with the probate court?
no
Did you sign anything with the medical facility - guaranteeing payment or anything?
No not that I'm aware of.
As a general rule one spouse is not liable for the other spouses' debts. However there are exceptions that would make the other spouse responsible for payment. For example, if the non-debtor spouse signed an agreement that legally obligated them for re-payment (e.g. a co-signer on a loan). Also, if the spouses lived in a community property state. Additionally (and this applies to you in your situation), there is something in common law known as the "Doctrine of Necessaries". According to this doctrine, the non-debtor spouse is responsible for repayment of all necessaries expenses relating to the maintenance of the household, and medical bills are deemed to be such an expense. While many states have abolished this doctrine, unfortunately for you, KS has not. So, they can pursue you for the debt - file suit and obtain a judgment against you and then are left to their legal remedies for the collection of the judgment. You stated:I have a small death benefit and am not employed at this time. Can they take that or freeze my bank account for this as well? How much trouble will I be in if I drain the bank account myself. Until they file suit and get a judgment against you - they are basically just asking you to pay.They can place this debt against your credit history with the credit reporting agencies.No, you can't get into trouble if you drain the bank account - you have complete control of that until they notice the bank of a garnishment of your bank account (after they obtain a judgment).If they haven't filed suit already - then they would have to file suit against you in FL.If they obtain a judgment - they can proceed to enforce such.judgment was entered (Section 95.11(1).) It may become a lien on a judgment debtor's non exempt real estate in any county for a period of seven (7) years from the date of recording when a certified copy of the judgment, which contains the address of the person having the lien right, or a separate Affidavit setting forth the judgment and the address of the person having the lien right, is recorded in such county. (Section 55.10(1).) Such lien may be extended for an additional period of 7 years each time the judgment and an affidavit stating the current address of the lien holder, is re-recorded within ninety (90) days preceding the expiration of the prior lien. (Section 55.10(2), (3) & (4).) However, no judgment of any court shall be a lien upon any real or personal property of the judgment debtor within the state of Florida after the expiration of 20 years from the date of the entry of such judgment. (Section 55.081.) Generally, all lands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, of a judgment debtor may be subject to levy and sale under execution. (Section 56.061.) A judgment creditor also has a right to a writ of garnishment against any debt due to defendant by a third person, and any tangible or intangible personal property of defendant in the possession or control of a third person. (Section 77.01.) However, before the court may issue a writ of garnishment is issued, the plaintiff, the plaintiff's agent or attorney, must file a motion (which does not have to be verified or negative defendant's exemptions) stating the amount of the judgment and that movant does not believe that defendant has in his or her possession visible property on which a levy can be made sufficient to satisfy the judgment. (Section 77.03.) If the salary or wages of a judgment debtor are to be garnished to satisfy a judgment, the court may issue a continuing writ of garnishment to the judgment debtor's employer which provides for the periodic payment of a portion of the salary or wages of the judgment debtor as the salary or wages become due until the judgment is satisfied or until otherwise provided by court order. (Section 77.0305.) The amount of wages which may be garnished is limited under Section 222.11 of the Florida Statutes. If all of the disposable earnings of the judgment debtor, who is the head of family, is less than or equal to $500 a week, the entire amount is exempt from attachment or garnishment. If the disposable earnings of the judgment debtor, who is the head of a family, are greater than $500 a week, the excess amount may be attached only if the judgment debtor has agreed in writing permitting such garnishment. However, the amount which may be attached or garnished may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s.1673. If the disposable earnings of a judgment debtor, who is not the head of family, are attached or garnished, such amount may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673. Earnings that are exempt and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings. You do have exemptions - those assets which a judgment creditor can't touch. In general, a debtor may claim exemption of his homestead and non-exempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding. Any person may claim exemption of his or her homestead from forced sale under any process of law by recording a written statement containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made, with the Circuit Court , (Section 222.01.) Certain personal property is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. (Section 222.061.) Personal property which may be exempt include certain portion of wages (Section 222.11), life insurance policies (Section 222.13), annuity contract (Section 222.14), unemployment compensation benefits (Section 222.15), disability benefits (Section 222.18), pension and retirement funds (Section 222.21), motor vehicle up to a value of $1,000 and interest in any professionally prescribed health aids for the debtor or a dependent of the debtor (Section 222.25). Section 55.146 of the Florida Statutes further provide that all property of a judgment debtor where the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan is exempt from forced sale under process of any court, and no such judgment or execution based thereon shall be a lien on such property. In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(d)). (Section 222.20.) However, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s. 522 of that act. (Section 222.201.)
judgment was entered (Section 95.11(1).) It may become a lien on a judgment debtor's non exempt real estate in any county for a period of seven (7) years from the date of recording when a certified copy of the judgment, which contains the address of the person having the lien right, or a separate Affidavit setting forth the judgment and the address of the person having the lien right, is recorded in such county. (Section 55.10(1).) Such lien may be extended for an additional period of 7 years each time the judgment and an affidavit stating the current address of the lien holder, is re-recorded within ninety (90) days preceding the expiration of the prior lien. (Section 55.10(2), (3) & (4).) However, no judgment of any court shall be a lien upon any real or personal property of the judgment debtor within the state of Florida after the expiration of 20 years from the date of the entry of such judgment. (Section 55.081.)
Generally, all lands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, of a judgment debtor may be subject to levy and sale under execution. (Section 56.061.) A judgment creditor also has a right to a writ of garnishment against any debt due to defendant by a third person, and any tangible or intangible personal property of defendant in the possession or control of a third person. (Section 77.01.) However, before the court may issue a writ of garnishment is issued, the plaintiff, the plaintiff's agent or attorney, must file a motion (which does not have to be verified or negative defendant's exemptions) stating the amount of the judgment and that movant does not believe that defendant has in his or her possession visible property on which a levy can be made sufficient to satisfy the judgment. (Section 77.03.)
If the salary or wages of a judgment debtor are to be garnished to satisfy a judgment, the court may issue a continuing writ of garnishment to the judgment debtor's employer which provides for the periodic payment of a portion of the salary or wages of the judgment debtor as the salary or wages become due until the judgment is satisfied or until otherwise provided by court order. (Section 77.0305.) The amount of wages which may be garnished is limited under Section 222.11 of the Florida Statutes. If all of the disposable earnings of the judgment debtor, who is the head of family, is less than or equal to $500 a week, the entire amount is exempt from attachment or garnishment. If the disposable earnings of the judgment debtor, who is the head of a family, are greater than $500 a week, the excess amount may be attached only if the judgment debtor has agreed in writing permitting such garnishment. However, the amount which may be attached or garnished may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s.1673. If the disposable earnings of a judgment debtor, who is not the head of family, are attached or garnished, such amount may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673. Earnings that are exempt and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.
You do have exemptions - those assets which a judgment creditor can't touch.
In general, a debtor may claim exemption of his homestead and non-exempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding. Any person may claim exemption of his or her homestead from forced sale under any process of law by recording a written statement containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made, with the Circuit Court , (Section 222.01.) Certain personal property is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. (Section 222.061.) Personal property which may be exempt include certain portion of wages (Section 222.11), life insurance policies (Section 222.13), annuity contract (Section 222.14), unemployment compensation benefits (Section 222.15), disability benefits (Section 222.18), pension and retirement funds (Section 222.21), motor vehicle up to a value of $1,000 and interest in any professionally prescribed health aids for the debtor or a dependent of the debtor (Section 222.25). Section 55.146 of the Florida Statutes further provide that all property of a judgment debtor where the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan is exempt from forced sale under process of any court, and no such judgment or execution based thereon shall be a lien on such property. In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(d)). (Section 222.20.) However, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s. 522 of that act. (Section 222.201.)
In general, a debtor may claim exemption of his homestead and non-exempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding.
Any person may claim exemption of his or her homestead from forced sale under any process of law by recording a written statement containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made, with the Circuit Court , (Section 222.01.)
Certain personal property is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. (Section 222.061.) Personal property which may be exempt include certain portion of wages (Section 222.11), life insurance policies (Section 222.13), annuity contract (Section 222.14), unemployment compensation benefits (Section 222.15), disability benefits (Section 222.18), pension and retirement funds (Section 222.21), motor vehicle up to a value of $1,000 and interest in any professionally prescribed health aids for the debtor or a dependent of the debtor (Section 222.25).
Section 55.146 of the Florida Statutes further provide that all property of a judgment debtor where the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan is exempt from forced sale under process of any court, and no such judgment or execution based thereon shall be a lien on such property.
In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(d)). (Section 222.20.) However, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s. 522 of that act. (Section 222.201.)
This begins to make more sense. As with the foreclosure in kansas. is the notice of suit and resulting judgement valid in Fla? I will drain my account here if that's the only remedy I have available to me to protect myself so I can survive this. I mean it's only been about a month since her passing and we still are scrambling to get things in order.
Thank you very much.
They would have to transfer the judgment under and pursuant to FL foreign judgment statute but they could do such.In general, a debtor may claim exemption of his homestead and non-exempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding. Any person may claim exemption of his or her homestead from forced sale under any process of law by recording a written statement containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made, with the Circuit Court , (Section 222.01.) Certain personal property is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. (Section 222.061.) Personal property which may be exempt include certain portion of wages (Section 222.11), life insurance policies (Section 222.13), annuity contract (Section 222.14), unemployment compensation benefits (Section 222.15), disability benefits (Section 222.18), pension and retirement funds (Section 222.21), motor vehicle up to a value of $1,000 and interest in any professionally prescribed health aids for the debtor or a dependent of the debtor (Section 222.25). Section 55.146 of the Florida Statutes further provide that all property of a judgment debtor where the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan is exempt from forced sale under process of any court, and no such judgment or execution based thereon shall be a lien on such property. In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(d)). (Section 222.20.) However, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s. 522 of that act. (Section 222.201.) So I would not do anything until you get notice that they have filed suit and obtained a judgment - anything before notice of such would be premature and a waste of time and energy.
So I would not do anything until you get notice that they have filed suit and obtained a judgment - anything before notice of such would be premature and a waste of time and energy.
Experience: 20 years experience in business law - sole proprietor, partnership, and corporations