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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26917
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I didnt pay a medical bill because my ex husband should pay

Customer Question

I didn't pay a medical bill because my ex husband should pay half according to our modification agreement. I have been notified by an attorney that they are suing me for the debt. The claim is for a minor child. Should I hire an attorney to represent me or attend prosee?
Submitted: 11 months ago.
Category: Family Law
Expert:  Roger replied 11 months ago.

Roger : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : The attorney for the medical provider is essentially correct that it is of no legal consequence to it that your ex is responsible for half the bill.
Roger : The reason is that the medical provider is not subject to or required to honor the order between you and your ex.
Roger : It is entitled to collect from you regardless of this agreement.
Customer: Will I need representation for this. Or can I appear prosee?
Roger : However, you would have the right to seek repayment of 1/2 of the money paid from your ex per the order.
Roger : As for representing yourself, that's always a tough thing to do, so if you can get an attorney to represent you, that's much better.
Roger : In fact, your attorney may be able to work a deal for that where you pay your half now and then you pay the other half after you get the money from your ex.
Roger : Then, your attorney could file a motion with the family law court to hold your ex in contempt for failing to pay the bill after it was presented.
Roger : You could seek the amount he owes and your attorneys fees/legal costs on top of the payment.
Roger : Thus, it may be that you could recover your expenses from your ex.
Customer: I was originally told by the collecting attorney that I would receive something in the mail in reference to this. I never did. Today I received two letter soliciting me, they were bankruptcy attorneys. Do I have to wait to be served or can I save myself some embarrassment somehow?
Roger : Yes, you can act now and avoid being sued and served with a summons and complaint.
Customer: How?
Roger : If you consult an attorney, he/she can contact the attorney for the medical provider and try to reach a settlement.
Roger : If you reach a deal, you would enter into a written agreement (Settlement Contract) that sets out your agreement, how you plan to pay, etc.
Customer: I cannot afford much. Is there a way to search for the kind of attorney I need?
Roger : The terms would have to be negotiated and agreed to by you and the provider. Your attorney could assist you with that as well.
Roger : Sure.
Customer: What kind of attorney do I look for?
Roger : You can visit www.martindale.com and search for a family law or a debt relief attorney in your area.
Customer: Ok thank you
Roger : If you think you may have to file a contempt motion with the family law court to require you ex to pay, you may want to consult a family law attorney.
Customer: Should I consult the same attorney that I hired for my motion to modify?
Roger : Also, it is not uncommon to ask for and to be awarded your attorney's fees for being forced to file a motion with the court to compel him to pay a debt that he's obligated to.
Roger : That would be best since the attorney is already familiar with your case.
Customer: Ok
Roger, Attorney
Category: Family Law
Satisfied Customers: 26917
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 6 other Family Law Specialists are ready to help you
Expert:  Roger replied 11 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Customer: replied 11 months ago.
I contacted an attorney about this and I was told it would be less expensive for me to just pay the bill.
Expert:  Roger replied 11 months ago.
That could be the case, and it often is. You certainly would have to consider the costs in making your decision.

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