Family Health Legal Library

Credit and Debt Problems with Medical Issues

Your Rights When Charging Medical Bills To Your Credit Card

Sometimes it is necessary to place certain medical charges on your credit card, and take a few months to pay these charges. The following section is written as a general description of what your rights are when paying by credit card. With respect to medical bills, this general discussion would also apply. Thus, if you put charges on a credit card to pay hospital or doctor bills, you should read the following description. Also, if you have any other disputes regarding your credit card, unrelated to medical or doctor bills, the following information will also be helpful.

One of the basic rules concerning credit card charges is to understand that you, as the cardholder, are responsible for the use of the card and for all terms set forth in the credit agreement of the credit card company. While it makes sense to read the agreement, it is doubtful that you can make many changes to terms in the agreement with which you may not agree. However, it never hurts to try, if you find a provision in their standard form agreement that you would like to omit or rephrase.

More commonly, if you find a provision that you cannot become comfortable with, then try another credit card company. Terms of agreements vary widely, as do the interest rates.

Remember, if you loan your credit card to any person, you are responsible to pay for whatever that person charges on your card. Do not make irresponsible loans of your credit cards. If you must, be sure to get the terms of loaning your credit card to a person in writing, so that you only give limited approval as to amounts, goods and stores. This will not free you from responsibility to pay the credit card company, but it will help you prove your case against the person making the unauthorized purchases if you were forced to sue them. If that person does not pay you, you still must pay the credit card bill.

If a card is lost or stolen, then you may not be responsible for the charges, provided you follow the credit card company's procedures. Above all, notify the company immediately of a lost or stolen credit card, so that your liability will be limited. Usually if you follow the credit card company's instructions, you will be limited to a maximum charge of $50 or a similar amount. If a person whom you know takes your credit card without your permission, this may be considered a stolen card, or lost if you do not know where the card is. But once it is reported, the police may become involved with the person using the credit card and file criminal charges. Before you tell the credit card company your card was stolen or lost, be sure to understand that the person using the card may be arrested or prosecuted.

If someone you have lent your card to refuses to give the card back, then it may be considered beyond your agreement or authorization. You may not be responsible for any charges, but you will have to report the card as lost or stolen. If, in fact, it is not really lost or stolen, then both you and the user could end up on the wrong side of the law. Of course, if a person exceeds your authority to use the card the best thing to do is to notify the person to stop using the card and to notify the company to cancel the card. While this may not limit your liability for items purchased, it will at least keep future items from being charged.

If you and your spouse and you have a joint credit card and your spouse uses it to charge a number of expensive items, what can you do? This is an area of diversity in state laws. But most state laws make a spouse responsible for the debts of the other spouse, if they were incurred during the marriage. There are a number of qualifications to this rule and the property ownership must be traced to the date of acquisition. If you are getting a divorce or are considering one, consult with your Plan Attorney about your particular situation. If you just want to know if you are responsible for your spouse's debts, the answer is you probably are unless you put your credit card company on notice that you will not be responsible if your spouse incurs charges on your account. Naturally, this must be in writing, and may affect the company's desire to allow charges on the card.

If your spouse incurred debts on a credit card before you were married, are you liable? Many times you are not liable. It is best to consult with a Plan Attorney on this topic, but there is also a general discussion in the section on marital debt issues.

Credit and Debt Problems with Medical Issues
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