If my ex-husband filed bankruptcy on a medical bill that he owed, can a collection agency ask me to pay it?

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If my ex-husband filed bankruptcy on a medical bill that he owed, can a collection agency ask me to pay it?

Asked on August 16, 2011 Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether the collection agency will seek payment from you of a medical bill incurred by your former husband if he files for bankruptcy protection and discharges the obligation depends upon whether or not this medical bill was incurred by him when you were living with him as his wife and not separated from him or not.

If you were not living with your former husband when this medical bill was incurred and had the intent to divorce him at that time, you should not be obligated to pay the invoice. If you were living with him at the time, there is a possibility that you could be obligated to pay a portion of it under the laws of your state as the spouse.

Another issue is how old is this bill? If the bill is several years old and no lawsuit has been filed, then there is a chance that the claim could be barred by the applicable statute of limitations of your state.

Good luck.


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