I filed for a chapter 7 personal bankruptcy in VA in June 2011. I had a hospital bill for $ 227.42 that in collections and was discharged in the bankruptcy. In December 2012, Focused Recovery Solutions, Inc. sent my husband a bill. He was not listed as the responsible party at the hospital, we had seperate insurance policies, and he was only listed on hospital records as my spouse. I sent the collection agency a copy of my bankruptcy discharge papers but they replied that my husband is responsible for the bills I incurred based on Virginia law’s of Doctrine of Necessaries. (see exerpt below) On the dates of service I had elective physical therapy and did not receive any medically necessary or emergency care. We paid the bill in full but now it is showing on his credit report until as a West Asset Management derogatory account that has been paid but it’s putting a dent in his credit rating. Is there anything we can do to get this off of his credit report? We would greatly appreciate any help or advice.
Letter to my husband from collection agency, 2/4/13
…Based on our investigation of your dispute, it is our position we have identified you as the correct consumer for this account.
The charges incurred on the above referenced service dates were rendered to your spouse, or else your spouse signed as the responsible party for services rendered to someone else. Although your spouse filed for bankruptcy relief, you did not. Under Virginia law’s Doctrine of Necessaries (VA Code 20-61 (Michie 1999)) you are therefore responsible for the balance due.