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  1. #1
    Join Date
    Feb 2010
    Location
    Connecticut
    Posts
    18

    Default Ex-Wife's Dental Debts

    Unfortunately, said services were provided during the marriage. A billing printout from the provider was attached to the writ. I was added as a co-defendant several months short of six years.

    From Connecticut statutes:

    Sec. 52-576. Actions for account or on simple or implied contracts. (a) No action for an account, or on any simple or implied contract, or on any contract in writing, shall be brought but within six years after the right of action accrues, except as provided in subsection (b) of this section.

    (b) Any person legally incapable of bringing any such action at the accruing of the right of action may sue at any time within three years after becoming legally capable of bringing the action.

    Do I understand correctly that the plaintiff is not required to produce a document with my ex-wife's signature to obtain a favorable (for them) judgment?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ex-Wife's Dental Debts

    Do I understand correctly that the plaintiff is not required to produce a document with my ex-wife's signature to obtain a favorable (for them) judgment?
    that is not what it states in what you bolded. What you bolded is concerning the statute of limitations for the types of claims you bolded.


    regardless, they do not have to have a signed contract to prevail, merely prove the validity of the debt and whose debt it is.

  3. #3
    Join Date
    Feb 2010
    Location
    Connecticut
    Posts
    18

    Default Re: Ex-Wife's Dental Debts

    That begs the question of whether or not a computer printout is sufficient to indicate validity or if work sheets, signed by the dentist, would be required.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ex-Wife's Dental Debts

    There is no dispute, apparently, that the services were provided and have not been paid for. Nothing in the statute you cite suggests any need for a signed document. Note the word "or". Also an "implied contract", by definition, is not in writing.
    Quote Quoting Connecticut Statutes, Sec. 46b-37. (Formerly Sec. 46-10). Joint duty of spouses to support family. Liability for purchases and certain expenses. Abandonment.
    (a) Any purchase made by either a husband or wife in his or her own name shall be presumed, in the absence of notice to the contrary, to be made by him or her as an individual and he or she shall be liable for the purchase.

    (b) Notwithstanding the provisions of subsection (a) of this section, it shall be the joint duty of each spouse to support his or her family, and both shall be liable for: (1) The reasonable and necessary services of a physician or dentist; (2) hospital expenses rendered the husband or wife or minor child while residing in the family of his or her parents; (3) the rental of any dwelling unit actually occupied by the husband and wife as a residence and reasonably necessary to them for that purpose; and (4) any article purchased by either which has in fact gone to the support of the family, or for the joint benefit of both.

    (c) Notwithstanding the provisions of subsection (a) of this section, a spouse who abandons his or her spouse without cause shall be liable for the reasonable support of such other spouse while abandoned.

    (d) No action may be maintained against either spouse under the provisions of this section, either during or after any period of separation from the other spouse, for any liability incurred by the other spouse during the separation, if, during the separation the spouse who is liable for support of the other spouse has provided the other spouse with reasonable support.

    (e) Abandonment without cause by a spouse shall be a defense to any liability pursuant to the provisions of subdivisions (1) to (4), inclusive, of subsection (b) of this section for expenses incurred by and for the benefit of such spouse. Nothing in this subsection shall affect the duty of a parent to support his or her minor child.
    Your best defense would appear to be to try to establish that the procedure was not necessary - e.g., it was a purely cosmetic procedure.

  5. #5
    Join Date
    Feb 2010
    Location
    Connecticut
    Posts
    18

    Default Re: Ex-Wife's Dental Debts

    I paid the non-cosmetic portion of the debt and the plaintiff agreed to write off the cosmetic portion. The complaint has been withdrawn.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ex-Wife's Dental Debts

    well, that's better than my alternative;

    pulling your wifes teeth and giving them to the dentist.

    sometimes negotiating gives the best result. This way you don't have a judgment on your credit report.

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