Odd Situation

[xXIDaShizIXx]

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@NikoD wrote:

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@gotideas wrote:

It is highly unlikely that this creditor can come after you for any of the medical bills incurred when you were a minor.  Under the FDCPA (fair debt collection practice act) a minor cannot enter into a legal contract, either express or implied so there is no enforceable contract which is necessary to pursue a debt.  The medical facility would have had to have your parents listed as the financially responsible party and that cannot be negated by your parent simply listing you as responsible. 

As for small claims court it is a slam dunk and you can recover a judgment against your mother.   Depending on the laws in your state the amount you can recover in small claims court may be limited and there may be a statute of limitations as well.  A call to the collection agency notifying them that you were a minor and as such dispute the debt should be enought to legally stop them from putting it on your credit and if they violate this under the FDCPA you can sue them.

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Yes, but it would probably be much easier to just ask to speak to someone in charge at the Doc's office and hope they have half a brain and realize they shouldn't be asking for payment from someone who was a child at the time.

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Like I said, its just the office manager, the nurse, and the doctor. The office manager isn't the friendliest woman in the world. I don't mind paying it and getting reimbursed for it in court if that is the way it has to be, just to get it off of me, but I really don't think there is any reasoning with the doctors office and I honestly don't want to have to drag it out too much more than I have to. But yes, if it does get sent to collections I will definitely sue. 

[xXIDaShizIXx]

So should I pay first or wait on the court case? I was initially worried that they may turn it over to collections before I go to court, but maybe not. 

[NikoD]

Sorry, I posted earlier before I saw that you had responded that you had talked to the only person available. If you've only called the office once you may wan't to try one more time. It may be easier than the alternative. Make sure she realizes that you were a child at the time (in case she is just confused and not understanding the situation) and that as a child you can't enter into a contract. Remind her that your parent was the one who made the agreement to pay the debt and that your age at the time and your mom's info are all in your file. Of course if you have already done all this than this route is likely a dead end and you will need to explore the solutions that others have posted.

[IncrsCredScore]

If it was me, I would just pay the bill, forget about going to court, in your own heart forgive your Mom but never forget, then make the move you plan on, and just get on with your life.  If you truly want to just pay all the debt it is claimed that you owe (no matter by whom), don't notify anyone of the debt payment, and forget it all and put it behind you.  You don't even have to notify anyone but the utility companies that you are moving and to take the utilities out of your name.  As I said move and take a breath of fresh air knowing you have left Alabama with a good conscience.

[xXIDaShizIXx]

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@IncrsCredScore wrote:

If it was me, I would just pay the bill, forget about going to court, in your own heart forgive your Mom but never forget, then make the move you plan on, and just get on with your life.  If you truly want to just pay all the debt it is claimed that you owe (no matter by whom), don't notify anyone of the debt payment, and forget it all and put it behind you.  You don't even have to notify anyone but the utility companies that you are moving and to take the utilities out of your name.  As I said move and take a breath of fresh air knowing you have left Alabama with a good conscience.

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What utility bills? I'm talking about one doctor bill. Sorry I'm just slightly confused.

[IncrsCredScore]

Apologies for the confusion.  I said nothing about utility bills,  W

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@xXIDaShizIXx wrote:

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@IncrsCredScore wrote:

If it was me, I would just pay the bill, forget about going to court, in your own heart forgive your Mom but never forget, then make the move you plan on, and just get on with your life.  If you truly want to just pay all the debt it is claimed that you owe (no matter by whom), don't notify anyone of the debt payment, and forget it all and put it behind you.  You don't even have to notify anyone but the utility companies that you are moving and to take the utilities out of your name.  As I said move and take a breath of fresh air knowing you have left Alabama with a good conscience.

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What utility bills? I'm talking about one doctor bill. Sorry I'm just slightly confused.

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Apologies for any confusio.  I said nothing about utility bills.  What I said was:  " You don't even have to notify anyone but the utility companies that you are moving and to take the utilities out of your name."  Of course, iif you live in a place where you don't pay utility bills in your name (cable, telephone, water, etc.), don't notify anyone you are leaving the state and just leave, take a breath of fresh air knowing you have left Alabama with a good conscience.

[xXIDaShizIXx]

So guys I have an update. I got the letter today saying that my mother has been served. Well the judge over the case happens to be my mother and stepfather's attorney for the past 11 or so odd years (she was just recently elected last year). So I am going to have to file a motion for her to recuse herself so that I will get another judge. They told me because they had so few judges for small claims though that she may still preside over it even though I file a motion. At any rate I am going to pay the bill in full tomorrow, just in case I don't win, but either way the legal system is so unfair. Any advice from here?

[xXIDaShizIXx]

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@xXIDaShizIXx wrote:

So guys I have an update. I got the letter today saying that my mother has been served. Well the judge over the case happens to be my mother and stepfather's attorney for the past 11 or so odd years (she was just recently elected last year). So I am going to have to file a motion for her to recuse herself so that I will get another judge. They told me because they had so few judges for small claims though that she may still preside over it even though I file a motion. At any rate I am going to pay the bill in full tomorrow, just in case I don't win, but either way the legal system is so unfair. Any advice from here?

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Shameless bump.

[IOBA]

If it were me, I would bring in proof of ALL of the other bills you ended up paying for that your mom should have taken care of.  Proof of bill, proof of payment.

I'd amend my claim to include those other bills, up to  the legal limit of 3k.

I would subpeona the dr's office manager AND your medical records.

Jeez, I'd take it a step further and file a suit against the dr's office.  Just me. 

[Gunnar419]

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@heygirlhey wrote:

Here's the other cent:

Forgive your mom. Take baby steps if you have to. Life is too short to hold grudges, especially against the people who gave you life.  I get it, your upbringing was  terrible. But you are here in 2014 to tell the tale so it's time to build that bridge!

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For some of us, life is too short to spend it attempting to reconcile with people who are destructive, manipulative, dishonest, and otherwise toxic -- and don' t intend to change. That's not necessarily the same thing as holding a grudge. That may be simply a good survival mechanism.

Really toxic people may simply think that a reconciliation is an excellent opportunity to take further advantage