Odd Situation

[xXIDaShizIXx]

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.

[Anonymous]

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. 

[xXIDaShizIXx]

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@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. 

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

[NikoD]

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.

[heygirlhey]

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!

[Anonymous]

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.

[xXIDaShizIXx]

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@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.

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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. 

[xXIDaShizIXx]

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@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.

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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. 

[xXIDaShizIXx]

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@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!

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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.

[NikoD]

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@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.

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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.

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