topic Re: Odd Situation in General Credit Topics

Odd Situation

xXIDaShizIXx — Mon, 17 Mar 2014 17:47:44 GMT

So, my mother, which I am estranged from, recently got into contact with me and told me I had a bill from a doctor's office. Now I was under my stepfather's insurance at the time and my mother and stepfather were the guarantors for the bill. But I called the Dr's office and the bill is in my name, but they won't send it to her in her name. I was 16 at the time in the state of Alabama. They have threatened to send it to collections if I do not pay it in full. In fact my mother had said that she had paid for it in full (but apparently had lied and forgot about it). So last Monday I filed a claim in small claims court for the amount of the bill plus the court fees towards my mother and stepfather. Now she had done this with several other bills while I was a minor, and I caught them and paid them as well (they never went into collections). I know this seems harsh, but I would pay for my own kids medical bills and she should have as well, when I was under her care. I have went ahead and called every and I do mean every doctor that I have ever been to and have settled any other bills that she has done this to me with so this is the last one that I know of. Do I have a chance of winning this in a timely manner? I have the money to pay it, but its just the principle that she has actively tried to ruin my credit over the past few years so as to not see me successful in life. I know this is a bit personal and I'm not sure if this is in the right forum, but I would really like your guys advice on this situation. Thank you so much in advance.

Re: Odd Situation

Anonymous — Mon, 17 Mar 2014 18:06:10 GMT

I cannot give good advice on this situation, but I can say I am sorry to hear you are having to go through this. I'm not close with my mom either, but she would not try to ruin me like that. That is terrible and very sad. I wish you the best with the situation.

Re: Odd Situation

xXIDaShizIXx — Mon, 17 Mar 2014 18:13:55 GMT

@Anonymous wrote:
I cannot give good advice on this situation, but I can say I am sorry to hear you are having to go through this. I'm not close with my mom either, but she would not try to ruin me like that. That is terrible and very sad. I wish you the best with the situation.

Thank you, I do appreciate the sentiment. I will keep you guys updated. But what do you guys think otherwise?

Re: Odd Situation

NikoD — Mon, 17 Mar 2014 18:21:17 GMT

Try asking to speak with the Dr.'s office manager (if he/she's not available then ask when he will be) rather than the twit in charge of their collections.

Re: Odd Situation

heygirlhey — Mon, 17 Mar 2014 18:24:22 GMT

Since you are asking for opinions, I'll give you my 2 cents.

Go ahead and pay the bill since you stated you do have the money. You can still sue your mother for the cost, but don't ruin your credit in the process.

Thats 1 cent.

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!

Re: Odd Situation

Anonymous — Mon, 17 Mar 2014 18:25:17 GMT

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.

Re: Odd Situation

xXIDaShizIXx — Mon, 17 Mar 2014 18:26:30 GMT

@NikoD wrote:
Try asking to speak with the Dr.'s office manager (if he/she's not available then ask when he will be) rather than the twit in charge of their collections.

The office manager is the only person there besides the doctor and his nurse. And they won't let me speak to the doctor. Its a pretty small little operation he has going there.

Re: Odd Situation

xXIDaShizIXx — Mon, 17 Mar 2014 18:29:30 GMT

@Anonymous 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.

Well in Alabama the limit for small claims is $3,000. It is just a $334.00 bill, plus the $71.00 court cost. The reason I want to get this wrapped up is because my wife and I are moving across the country in August and I'm trying to cut my ties with anything I may have owed while in Alabama.

Re: Odd Situation

xXIDaShizIXx — Mon, 17 Mar 2014 18:32:05 GMT

@heygirlhey wrote:
Since you are asking for opinions, I'll give you my 2 cents.

Go ahead and pay the bill since you stated you do have the money. You can still sue your mother for the cost, but don't ruin your credit in the process.
Thats 1 cent.

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!

This is the woman who still wants me to divorce my wife of 2 years(I was with her 3 years before I married her). I'm sorry, but there is no reasoning with this woman. Now back to the problem at hand.

Re: Odd Situation

NikoD — Mon, 17 Mar 2014 18:34:33 GMT

@Anonymous 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.

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.

Edit: Sorry, I posted before I realized you had already spoken to the office manager.

Re: Odd Situation

xXIDaShizIXx — Mon, 17 Mar 2014 18:35:28 GMT

@NikoD wrote:
@Anonymous 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.
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.

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.

Re: Odd Situation

xXIDaShizIXx — Mon, 17 Mar 2014 18:55:18 GMT

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.

Re: Odd Situation

NikoD — Mon, 17 Mar 2014 18:57:24 GMT

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.

Re: Odd Situation

IncrsCredScore — Mon, 17 Mar 2014 19:28:59 GMT

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.

Re: Odd Situation

xXIDaShizIXx — Mon, 17 Mar 2014 19:31:40 GMT

@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.

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

Re: Odd Situation

IncrsCredScore — Mon, 17 Mar 2014 22:58:55 GMT

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

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

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.

Re: Odd Situation

xXIDaShizIXx — Fri, 21 Mar 2014 00:25:41 GMT

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?

Re: Odd Situation

xXIDaShizIXx — Sun, 23 Mar 2014 23:19:18 GMT

@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?

Shameless bump.

Re: Odd Situation

IOBA — Mon, 24 Mar 2014 20:26:47 GMT

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.

Re: Odd Situation

Gunnar419 — Mon, 24 Mar 2014 21:11:23 GMT

@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!

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