topic Re: Can this happen? in General Credit Topics

Can this happen?

Schoolbuskid — Thu, 20 Dec 2007 01:51:28 GMT

In january of 2004 i went to Virginia for a doctors visit about surgery on my leg. I was only 17 then and now i am 20. I was hit with a collection from the doctors office which is known as Commonwealth Orthopedics! They sold the debt to Collection Agency(American Collection Enterprises) which is now on my Equifax credit report only! Was that legal for them to do since i was only a minor then, and not 18? If so what are some actions that can be taken. I have written a PFD letter but i have not sent it yet! Any advice would appreciated!

Thanks

Re: Can this happen?

Anonymous — Thu, 20 Dec 2007 02:36:42 GMT

Schoolbuskid wrote:
In january of 2004 i went to Virginia for a doctors visit about surgery on my leg. I was only 17 then and now i am 20. I was hit with a collection from the doctors office which is known as Commonwealth Orthopedics! They sold the debt to Collection Agency(American Collection Enterprises) which is now on my Equifax credit report only! Was that legal for them to do since i was only a minor then, and not 18? If so what are some actions that can be taken. I have written a PFD letter but i have not sent it yet! Any advice would appreciated!

Thanks

NO it is not legal!!! send the CAs a letter stating that you were a minor and not responsable for the debt! also send a copy of your drivers license.....black out any info. on your license that is not needed. Send a dispute to all CRAs that are reporting along with drivers license.

Re: Can this happen?

Anonymous — Thu, 20 Dec 2007 02:55:06 GMT

I agree, and had a simular experience on a bellsouth bill. They had a collections on me from a date that would make me 15 yrs old at the time. It took a while, but I got it removed by providing a copy of my SS card and Birth Certificate. A minor cannot sign any legal binding document. Up to and including a hospital bill. Get it removed. If you need a dispute letter, and the how to, PM me. Thanks,

Jameson

Re: Can this happen?

Schoolbuskid — Fri, 28 Dec 2007 23:09:41 GMT

Ok! Do i go by the year that the collection/account was assigned and reported or do i go by the year that i was seen by the Doctors office?

jps37033 wrote:
I agree, and had a simular experience on a bellsouth bill. They had a collections on me from a date that would make me 15 yrs old at the time. It took a while, but I got it removed by providing a copy of my SS card and Birth Certificate. A minor cannot sign any legal binding document. Up to and including a hospital bill. Get it removed. If you need a dispute letter, and the how to, PM me. Thanks,

Jameson

Re: Can this happen?

Anonymous — Sat, 29 Dec 2007 00:03:41 GMT

the year that the debt was incurred, meaning the year of the dr visit. that was the point where the bill was created.

Re: Can this happen?

Schoolbuskid — Sun, 30 Dec 2007 02:33:31 GMT

Ok Thanks! Great Help Guys!

Re: Can this happen?

Schoolbuskid — Mon, 31 Dec 2007 02:55:51 GMT

Would it matter if i had no proof of my age? Or any other documents proving my claims?

Re: Can this happen?

Anonymous — Mon, 31 Dec 2007 03:43:31 GMT

they should be able to do the math. Your dl will have your date of birth.

Re: Can this happen?

Schoolbuskid — Mon, 31 Dec 2007 18:40:33 GMT

SHould i notify the collection agency about this matter by phone or in writing? Help on what to say would be appreciated!

Re: Can this happen?

Anonymous — Mon, 31 Dec 2007 18:47:37 GMT

in writing and KISS -

Dear Collection agency,

When this debt occured I was a minor and cannot be held legally responsible for the debt (reference a copy of my DL for birthdate). Please remove within 24 hours from my reports with all credit bureaus as this debt is not mine.

FYI - only use a B&W copy of your DL and black out the actual number

Re: Can this happen?

Schoolbuskid — Mon, 31 Dec 2007 22:41:09 GMT

Thanks Scarlet!

Re: Can this happen?

Schoolbuskid — Mon, 31 Dec 2007 22:46:57 GMT

Even after i send this letter what if they still dont remove it, then what?

Re: Can this happen?

Anonymous — Mon, 31 Dec 2007 22:53:48 GMT

File a complaint with the FTC, your State AG, their State AG, etc....

you could not legally sign a contract (and needed parental permission to be treated) - so whoever signed is on the hook for this.

Re: Can this happen?

Anonymous — Mon, 31 Dec 2007 23:34:39 GMT

@Anonymous wrote:

they should be able to do the math. Your dl will have your date of birth.

With some bill collectors I've dealt with in life, this is a rather dubious assertion.

But yes, that would constitute legal proof of your age...if the CA can't reverse-engineer that, that's on them.

Re: Can this happen?

Schoolbuskid — Thu, 17 Jan 2008 19:55:42 GMT

Received response from CA and they are still saying that i owe this debt they stated that the OC provided information proving that i still owe it! I have requested my Medical Record from the OC but it takes 5-7 business days for them to respond. So my question is, is it to late for me request a Debt Validation? Also should i wait to receive my medical records before i file a complaint with FTC. Also

can someone point out in the FCRA or anywhere stating that a minor can not be responsible for debts etc?

My other CA agreed to a PFD that i sent, the amount on that account is $197 should i fight it with being a minor or should i just pay for it? I can really prove that i was minor on this account.

Ok just to make sure that i am calculating something right here is a little info about my age.

Birthdate: 12/25/86 i was seen by doctor/hospital in 3/3/04 would this make me a minor according to that date? I wouldnt have turned 18 yet in 3/3/04.

Thanks i just dont want these CA to get over on me if i can stop it !

Re: Can this happen?

Anonymous — Thu, 17 Jan 2008 20:30:15 GMT

You became an 'adult' and legally able to sign a contract on Dec 25, 2004.

Re: Can this happen?

Schoolbuskid — Thu, 17 Jan 2008 20:34:01 GMT

Thats exactly what i knew, but just to say what if i did sign something then where would i stand?

Re: Can this happen?

Anonymous — Thu, 17 Jan 2008 20:40:31 GMT

Scarlet can confirm, but I believe even if you signed a contract when you were a minor, it is void (i.e., you can't be responsible for it).

Message Edited by masdeocho on 01-17-2008 03:40 PM

Re: Can this happen?

Schoolbuskid — Thu, 17 Jan 2008 23:44:24 GMT

masdeocho wrote:
Scarlet can confirm, but I believe even if you signed a contract when you were a minor, it is void (i.e., you can't be responsible for it).

Message Edited by masdeocho on 01-17-2008 03:40 PM

Awesome so what should my next step be? A DV? A complaint to the FTC, etc?

Re: Can this happen?

Anonymous — Fri, 18 Jan 2008 00:12:55 GMT

What about the letter sent now for PFD as an adult. Does that make the op now responsible if they agree to the ops terms? I don't know much at all about these laws, trying to learn my self.

I like the FTC. They may be slower than lawyers but it gives you a whole lot of muscle on your side.

Message Edited by ilovepizza on 01-17-2008 04:12 PM