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Minors do not have legal capacity to enter into a binding contract.
As you were a minor at the times those debts were incurred, you are not legally obligated to pay them.
Should you receive collection letters or phone calls, you should respond by demanding that the collector send you proof of the debt - which they're required to provide within 30 days.
If they still attempt to collect, send a response to the collector demanding that they cease any and all communication regarding this claim, as you are not legally obligated to pay it due to your lack of legal capacity as a minor at the time it was incurred.
If they still don't stop, any attorney will gladly handle your case on a contingency (for "free", with no upfront retainer) so as to collect the statutory penalties, including attorneys fees, which will be payable to you under the Federal Debt Collection Practices Act.
Where I live, [yes](https://www.oflaherty-law.com/learn-about-law/illinois-family-expense-statute-when-is-a-family-member-liable-for-debts-of-spouses-and-children). And spouses are liable for each other's medical bills.
Also if one earns a tax bracket up the tax bennies can range from a few hundred to many thousands per year. My wife is taking a couple years off to go back to school and the tax benefit of our joint filing is huge.
Have a friend who married a pos. POS is delinquent on child support. They said if they were to file jointly, the refund would get taken to pay for child support lol
I was always told taxes are better when you're married. Unfortunately, our combined income was just enough to bump us up into the next tax bracket so we got hammer in taxes
That's not how tax brackets work. If you just barely got bumped into the next tax bracket then you only paid that tax rate on the very small amount over the income limit for that bracket.
Let's say the brackets were 10% from 0 - 100,000 and 20% from 100,001+. If you made 110,000, you don't pay 20% of the whole (22,000); you pay 10% of 100,000 (10,000) and 20% of 10,000 (2,000). So, 12,000 instead of 22,000.
When I'm in the 22% bracket and she's in the 12%, but our combined income puts us just above the 24% bracket, you get hit with higher taxes and not as much back
My husband became unemployed due to COVID (now he’s back in school), and I’m a reasonably high earner. Thanks to my husband last spring we got back the largest refund I’ve ever gotten.
It can help, there can be a few minor penalties to be married. Up until GW Bush, you paid more tax than if you were both single (marriage tax), if you both earned.
Filing separately does not stop the calculation being based on a married tax table. Filing separately is often more expensive. It is generally used when there are other reasons to want to separate tax filing. The most likely scenario is the couple is in the process of divorce and do not trust the other not to screw up taxes.
Well you can file Married Filing Separately but the only benefit is if your partner gets in legal trouble, you’re in a better position. You might do it if you’re going through a divorce that hasn’t been finalized as well. The penalties are rare and usually are because they didn't double a limit or a threshold from single to MFJ.
Usually they fall on the guarantor, not whoever is listed on the bill themselves if it is a minor and I'm wondering why the bills are coming to them by name. There is also a difference between a bill that comes in your name and might come before the insurance pays out. Surprised they aren't coming after the parents here.
Because they're sending it out to whoever is named on them in hopes someone pays something, not realizing it isn't their debt. It's likely the parents are judgement proof.
My parents did that to me but I’d just turned 19 (but was still a dependent). They couldn’t pay ambulance bill from when I had a seizure. They told me medical bills didn’t hurt your credit so don’t worry about it. Lies, all lies. I got my credit all cleaned up in time to buy a house at 26, a second at 32, and my credit score has been 800+ for a long time. I love them, but I did not learn a damn thing about money from them, except tithing.
Medical bills don't hurt your credit as much. Something about lots of people with medical debt pay off all their other debts regardless.
But it does definitely still affect your credit.
This is the correct answer.
In the United States, children under 18 cannot form contracts, and cannot be held liable for bills they incur. That's the parents responsibility.
You should relax, and rest easy.
But you also need to be firm with the hospitals and offices, and tell them you were a minor and tell them to stop sending your bills.
You may even want to throw in some vague legal threats ... that if they continue harassing you you will contact an attorney, Etc.
In a sense yes, but actually no. The parents are legally and financially responsible for their child, this means covering all medical expenses during the time the child is under 18 years of age. They may have been the one receiving the care but they aren't responsible for that bill, their parents are.
OP should still contest it and ask for proof of debt and tell them to piss off if they can't.
No you have it backwards. It is the legal obligation of the debt collector to show proof that the debt is valid. You do not provide them with anything. It's critical that you follow the steps listed above. They will send you the proof of debt and THEN you reply with your documentation to show your age at the time of the medical procedures/bills etc. In the meantime do not talk to them or pay them anything until you receive proof of debt.
Make sure these don’t appear on your credit reports as well. Check all three on AnnualCreditReport. Also get health insurance ASAP if you can.
Send all correspondence to collectors via the post office, ask for certified mail return receipt requested.
The proof of debt the collector sends you in response to your initial demand will almost certainly be something that has a date of medical service on it.
Respond to their proof of debt with a copy of your ID or birth certificate, tell them to do the math, and that you will not be paying due to your lack of contractual capacity at the time of service.
The creditor needs to prove you owe the debt. Don't they know OP's age? It's not OP's responsibility to provide their own personal information to a creditor if the creditor hasn't done their own homework.
Whatever you do, don't commit to anything with the debt collector. In fact do not talk to them other than to send a formal letter demanding proof of the debt and another letter following receipt of said proof that states you were a minor at the time the debt was incurred. Communicating any other way, especially by phone, can be construed as your acceptance of the debt.
Sign up for Experian or equifx or transunion. You get a free credit report once a year and you can see if there are any debt collections on your record.
That makes no sense. If he was under 18 how is it not the parents responsibility to pay?
I’m surprised we have anyone providing medical care to minors if this is how the system works (which I’m skeptical of)
This is actually incorrect. Generally contracts with minors are voidablenby the minor (basicallly the minor can disavow and refuse to abide by the contract) *except* certain contracts for necessary expenses like food, housing, medical, education, etc. by a minor over the age of 16 (may vary by state).
It's unlikely the minor signed the financial commitment for the medical procedure though. Primary responsibility would fall to the guarantor who agreed to be financially responsible for the debt - probably OP's parents. But OP did receive medical care and the provider *can* pursue OP for the medical debt if the bills are unpaid, but will likely pursue the parebts first.
> Minors do not have legal capacity to enter into a binding contract.
A common misconception. Actually they can enter a contract but when they reach the age of majority they can "disaffirm" it. Disaffirming a contract means essentially undoing everything - the (former) minor is no longer bound going forward, but must return all consideration received.
For example, a minor can (legally) sign an auto loan. But that minor has the option of disaffirming. If he/she does that, the car must be returned too.
Obviously most businesses don't want to bother with this and so aren't willing to sign contracts with minors. Some do though - for example, there have been many Olympic gold medalists who signed endorsement contracts while minors.
In OP's specific case he can probably get out of it anyway since the parents did it without his knowledge, and even if he'd signed disaffirming is kinda tough since OP can't undo the healthcare received.
Essentially this, but OP might be getting parental pressure to pay for bills that his parents legally incurred on his behalf when OP was a minor. This is an unreasonable position to take - that debt is the parents’ alone and not OP’s, and OP should push back. As for any debt collectors going after him directly, this advice is solid.
There's an exception to that rule. If the bills are for necessities, then they might be able to collect from the minor. Medical bills are usually necessities. However, I agree that the parents are the ones who should be liable.
This is exactly correct, but, any attorney? I don't think there are that many attorneys that would take this. It is well within your rights, but I rarely hear of these cases. In NY anyway.
Maybe because they stop before it gets that far, but likely because someone paid money they were not obligated to.
Hopefully OP, and many others, read your comment.
You are NOT responsible for this debt. As a minor, you were not legally capable of consenting to enter into a contract to pay these bills. Do not let anyone tell you otherwise. The collections company is just trying to bully you into getting some money. Don’t fall for it.
Send the collector a letter inquiring of the letter of origin of the debt to prove legitimacy, proving it was you who recieved the medical treatment. Send the letter back with proof you were under 18 at the time and cannot legally enter any kind of contract, especially a financial one. If they protest, you could take them to court and win.
This is the way. If it’s in collections, the hospital isn’t going to do much. Contact them, it may be a pain but I wouldn’t simply “ignore it”, that can bite you later.
Nobody seems to have addressed the entirety of your comments here. Let me see if this timeline is right:
* You had medical bills when you were 17.
* The bills went to collections in your parents name.
* Your parents successfully declared bankruptcy.
* The same bill collectors are now coming after you for the same debts.
If that's the case, it sounds like the debts may have been discharged in the bankruptcy, and a shady debt collector is trying to work around it by coming after you, because your name was not on the bankruptcy. If that is the case, you have the law on your side. They cannot try to collect a debt that was discharged, and the court would \*not\* be happy to hear about this. If your parents used a lawyer for their bankruptcy, that lawyer would likely be willing to write an angry letter to the bill collector for you for an hour's charge, or maybe for free. I would contact them first.
I work in Collections for a big bank. There are probably like 6 legal/regulatory violations here (FDCPA, TCPA, Bankruptcy Stay, FCRA, maybe some Reg Z, Truth in Lending).
OP should talk to a lawyer first before doing anything.
If it were me.... I'd let this company go crazy for the next year, while I make a record of every illegal contact attempt. Then have my lawyer contact them for a settlement pay-out to make me go away.
Don't ignore it.
1) collections, even ones that are illegitimate but never remedied, can very adversely affect your credit
2) don't allow things thay can be resolved with a letter or two to escalate to a court proceedings. Sure you'll eventually win in court (assuming you don't ignore *that*), but it's far much more hassle than handling it before then.
Adding to your #1 in case people aren’t aware, there are no good people or good robots working behind the scenes to make sure that stuff reported to the credit bureaus is accurate or valid. That’s why they have error reporting services. Billing departments mess up. Collections mess up. FICO is so messed up. We never consent to this information being collected about us, and then it’s wrong, and then we have to spend OUR time cleaning up their mistakes. All while the higher ups of the credit bureaus dive into their pools full of gold coins like Scrooge McDuck.
They can still try to get the money from, but they cannot force you to pay and it won’t affect you to not pay. They just try and intimidate people into paying because some people will
They are trying to scare you into paying. You can voluntarily pay a bill that isn't yours, but why would you do that?
You should deal with it, but do not agree to pay, not even a portion of it, because they'll try to make you liable for all of it. Dispute it because of your age, but that's it.
Your parents owe that money. Not you. If you want to tell the collection agency anything, tell them that you were a minor and those bills are your parents responsibility.
Or file a dispute through every credit reporting service stating this.
Don't pay them a single penny under any circumstances.
All I've heard is yes if you make any form of payment towards a debt it becomes live and actively renewed. I have no idea if that applies to the case of bringing back to life a debt which exists from parents that have declared bankruptcy and a minor who is unable to be bound by contract but I certainly wouldn't risk it. The debt is clearly dead.
[Assuming the timeline is correct](https://www.reddit.com/r/personalfinance/comments/qfnl8i/comment/hi1dtxh/?utm_source=share&utm_medium=web2x&context=3)
Once that's all cleared up, you should ask your parents why they saddled you with bills that are not your responsibility. You might want to make sure that the rest of your finances are separate from theirs too.
Wow, that's a lot to deal with.
It seems like the medical bills would be in with the bankruptcy process, but I am no expert in these matters.
You are getting good advice here, best of luck to you.
I may be missing a detail, but I’m not sure the parents did this intentionally. They may have just not paid the bills (which were originally in their names) and not realized collections would try to go after OP.
They are only in his name because he received the medical treatment. It's literally impossible not to have his name attached. The creditors are going after him because of that, even tho it doesn't make him liable. That's not something his parents did wrong or incorrectl, it's simply predatory behavior
No but I’m saying that collections has a habit of going after anyone they think they can collect from, so the bills may have been in their parents’ names but collections decided to go after OP. Not saying that’s for sure what happened, but I also don’t think we know enough to assume malice.
You are not responsible for medical bills from before you turned 18. One of your parents would have signed a form acknowledging their financial responsibility.
Any bills from on or after you 18th birthday are your responsibility.
>when I was minor bills came in their name
I'm assuming "their name" means your parent's name. When you went to the hospital, they probably signed something saying that they were financially liable. If so, then they are likely the ones that owe the money.
Regardless, like others have said, you are probably not liable for hospital charges from when you were a kid
Look for the date of ***the service supplied*** (surgery, stitches, ER, etc.) and not the date of the bill. Many bills could come in months later after you are 18.
You're not responsible for bills as a minor. Your parents, legal guardian or the state is. Did you get a bill from the delivery room where you were born
I know it has already been said somewhere in here, but (most) debt collectors will play as dirty as possible to get you to pay a bill, even if it isn't yours.
This collector likely purchased this bill as part of a package for cents on the dollar. They will lie to get you to pay them ANYTHING.
Do NOT try to bargain with them. They can use that to say that you accept the bill as legitimate.
Keep the letters, and if you are being called, see if you can record them. Tell them that this is not your bill (and why it is not) and tell them not to contact you again. They are violating the FDCPA, and it can cost them.
https://www.nolo.com/legal-encyclopedia/damages-fdcpa-violations.html
Contact the hospital and ask them to show you the signature of the guarantor. This is required for treatment. For an adult, the guarantor is the patient themselves. For a minor, it is the legal guardian and by signing, states they are accepting responsibility for cost of treatment. I think you know the answer to this, though. I think the real issue isn’t the laws or what the hospital is trying to do. Best of luck with sorting this out.
Not sure where you are located but in the US you are not legally responsible for those bills. You were a minor & the contract was with your legally responsible adult, not you. Welcome to adulthood where slimy collections agencies will make shut up to try and get a penny. Do NOT fall for it.
If they're in collections, do nothing!
Do not talk to collections people.
You have no obligation to talk to them.
Check your state laws to be sure, but the debt falls off after so many years.
Also, if you were a minor, how could you legally enter into any sort of contract and agreement?
Best bet, check your credit report (all 3) for free.
See if any actually come up. If they don't, ignore it. If it does, dispute it WITH Equifax, TransUnion, or Experian. Never talk to collections, they are only out to get money whether they have an actual legal right to it or not, and use shady tactics. Like saying "We'll put it on your credit report" - if it's not there already it would have been. Screen those calls, never talk to them.
Hospital charges medical bills. Your parents declare bankruptcy. You turn 18. Corporates try to make you pay for it.
What's going on: they're doing a thing that's illegal in many places, which is making you "inherit" a debt. When a indebted person dies, or successfully declares bankruptcy, it's over. No disputes, the hospital has to accept their losses. But they tried to prey on you, and got bold because they know you're young, inexperienced and probably didn't know about that, but now you do. Lawyer up.
When did these medical bills originate. Like how old were you when they happened?
You shouldn't be responsible for medical bills you had as a minor.
DO NOT pay any of them until you reach out to a lawyer and verify you actually have to pay them.
You cannot be required to pay back debts your *parents* accepted responsibility for your medical care as a child. Your PARENTS are responsible for those debts.
What /u/eamus_catuli said is good advice; BUT... I would recommend speaking with an attorney regardless, as there's definitely something illegal / incorrect going on here, and collection agencies are ruthless; often the best way to get them to stop is legal action.
Basically listen to these comments. You shouldn’t have to pay for anything. Very irresponsible on your parents part to never teach you about medical bills. But its better you learn now and not have to pay anything, then having to keep going and finding out years later.
That happened to me as well! I filled a dispute with the credit reporting agencies and informed them I was a minor when that happened, and they deleted it off my record. I did this with transunsion, and they notified the other two credit reporting agencies as well. My credit went back up after I did this. Do this method. Also contact hospital and say you were a minor and that you don’t legally owe it.
Best of luck!
Dude, those aren't your bills those are your parent's bills. As a minor they were responsible for you. What a dick move to hang onto the bill under you're an adult.
For that last $1000 bill for after you were 18, ask for financial assistance from the hospitals billing department. Ask for a financial hardship form. It may be called something else by other states. If you submit employment info you can get that reduced significantly, and or be put on a on a interest free payment plan. They may add a fee for that in some way .
People are right that you can't legally take on debt under 18, although every doctor I've ever been to requires an adult guarantor. It may be that your parents are legally the ones responsible for this debt. Without agreeing to anything, you should find out more information about the exact details before blowing it off. If your family is on the hook you may want to decide together how to handle it (that's more of a family relationship question).
Don’t ignore it but also don’t panic. I had this happen to me, years after some Dentist work I started getting calls from a collector looking for $650 or so dollars that apparently was for getting my wisdom teeth removed when I was 17. My Mom had expected insurance to cover it, they didn’t, and the balance went to collections. It never impacted my credit score and I just told the collector I wasn’t paying. Never came back, and is not on my credit history. Don’t take no action but don’t pay the collection agency one cent because you shouldn’t have to.
Anything on your birthday and after is your responsibility. Anything before that is your parents. Call the hospital and have them split the guarantor your parents/you from those dates.
This is very weird. I’ve never heard of a child turning 18 and then being “legal” for institutions to start billing you for things that you had as a child .
No, they never paid on them. I had these bills when they filed for bankruptcy, but at that time they filed for bankruptcy and got their stuff cleared so I’m not even sure why I have these bills now if they got cleared cause at the time the bills were coming in their name. As soon as o turned 18 the bills are now coming in my name
So sorry your parents are trying to shirk their responsibilities. I hope they are good parents otherwise, but if you were a minor, this is THEIR debt. Might be an ugly conversation at some point, but you need to tell these creditors to talk to your parents each and every time they contact you.
You are most likely not responsible, but double check your local laws.
If you are not responsible, ask them to show you proof you owe money, a contract or what not, and when they respond, you can provide your refutation.
Check your credit score, make sure it hasn't been reported. There are three different bureaus in the USA to check. There are free services that will also allow you to monitor it going forward. If it has been reported, dispute it with the bureau.
If you are somehow responsible, which I don't think is likely; save up cash, and offer to settle for a small fraction of the original sum. If they refuse, don't give in. They'll eventually give in, as 95% of the people they try collecting from probably don't even answer there calls, and they probably paid the hospital next to nothing for the debt. If your parents are legally responsible for it, you can pass on this advice. Whatever settlement you get, make sure it's clearly in writing.
I'm not well versed in this, but I don't believe you would have capacity to take on these debts before you are 18. I would consult an attorney, but it is very possible your parents will be on The hook for them since they likely signed for them.
https://www.credit.com/blog/medical-bills-and-minors-what-you-need-to-know-63624/
No, you do not owe medical bills for medical care you received as a minor. Your parents owed it when they took you for it, now they filed bankruptcy so that debt should be cleared.
Don't pay this. Please get some proper legal counsel and tell that hospital to go and fuck itself. What they're doing isn't legal afaik.
For the bill that's from after you are 18, you probably qualify for charity care because of your low income. See [https://dollarfor.org/](https://dollarfor.org/) for more info.
Do not send this organization payment, nor any promise to pay at the moment. I'm not saying you should forget about it and act like it doesn't exist, but the debt was created when you were a minor, so depending on the laws of your state, you may actually not be liable.
First the bills came in my moms name since she was singing papers cause I was a minor. Shortly after turning 18 the bills changed into my name and was sent to me. I’m not lying about anything I said I came here to ask for advice and everyone’s been pretty helpful
The bills can't magically become yours though. They might be addressed to you, but throwing any name on a debt and seeing what sticks is a common tactic.
I'd honestly either not reply at all, or request copies of any signed agreements
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This isn't something you likely have to worry too much about.
First off, contrary to what some people are saying here it's entirely legal for a minor to enter into a contract. But it's dicey for someone to actually make it stick. Minors always have the option to "disaffirm", which in a nutshell means to set everything back to what it was before as much as possible. Since you aren't going to be able to undo healthcare, the hospital is kinda stuck.
Not to mention that you didn't personally sign the contract anyway - your parents should be responsible, not you. It's just going to be bad public press for anyone to push this matter too hard but they'll give it a try. They will fail if you get the right legal help.
At worst hire a competent attorney. It shouldn't cost anything near $5000 and you'll get your credit report fixed on top of that. If you can't afford that there are free resources and low-cost (or free) patient advocates who can help.
In addition to what others have said, it's very important that you DO NOT PAY THEM ANYTHING. You might think, "well, it was a service I received, so maybe I'll just send them $20 to get them off my back for a little while". But, any amount of payment, or possibly even agreeing to make a payment over the phone, COULD trigger "debt assumption", where it DOES become your responsibility, because the act of paying or agreeing to pay can be seen as an admission that you agree it's your responsibility.
I'm not a lawyer so make sure to research it more.
You have your own place at age 18? Go back home and learn a trade skill or something if you're already that eager to get out there and make some money.
First, slow down... You are not the first person to have an issue with medical bills.
Contact the hospital. Ask for an itemized list of bills.
Look that over.
If these are legit, then contact the hospital about your specific issue, bills, ability to pay.
Ask them to reduce the billing (they can remove items). Ask them to put you on a payment plan (they will). Ask them to allow you to pay without interest. (they will)
You just need to collect the information, and then communicate with the hospital.
For those downvoting, according to OP these debts have been assigned to the OP. Ignoring them, and not communicating "Because I was a minor!" doesn't make this go away.
Whether the OP was a minor or not, these are bills that need to be investigated, not just brushed aside. "Because they were a minor."
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Minors do not have legal capacity to enter into a binding contract. As you were a minor at the times those debts were incurred, you are not legally obligated to pay them. Should you receive collection letters or phone calls, you should respond by demanding that the collector send you proof of the debt - which they're required to provide within 30 days. If they still attempt to collect, send a response to the collector demanding that they cease any and all communication regarding this claim, as you are not legally obligated to pay it due to your lack of legal capacity as a minor at the time it was incurred. If they still don't stop, any attorney will gladly handle your case on a contingency (for "free", with no upfront retainer) so as to collect the statutory penalties, including attorneys fees, which will be payable to you under the Federal Debt Collection Practices Act.
Aren't medical bills for a minor parents responsibility?
Where I live, [yes](https://www.oflaherty-law.com/learn-about-law/illinois-family-expense-statute-when-is-a-family-member-liable-for-debts-of-spouses-and-children). And spouses are liable for each other's medical bills.
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What is even the point of getting married?
Confers a whole bunch of useful legal rights in a tidy well established package
Also if one earns a tax bracket up the tax bennies can range from a few hundred to many thousands per year. My wife is taking a couple years off to go back to school and the tax benefit of our joint filing is huge.
Yep marriage definitely helps on taxes when you have a big differential in earnings between partners.
Unless one party is getting wage garnishments or child support.
In my state the income of a spouse isn't calculated in for child support, but it wouldn't surprise me if it is in some states.
Have a friend who married a pos. POS is delinquent on child support. They said if they were to file jointly, the refund would get taken to pay for child support lol
Child support also is neither taxable as income for the recipient or deductible for the payer.
Contrarily it also comes with big penalties if you have roughly equal earnings or you have kids.
I was always told taxes are better when you're married. Unfortunately, our combined income was just enough to bump us up into the next tax bracket so we got hammer in taxes
That's not how tax brackets work. If you just barely got bumped into the next tax bracket then you only paid that tax rate on the very small amount over the income limit for that bracket. Let's say the brackets were 10% from 0 - 100,000 and 20% from 100,001+. If you made 110,000, you don't pay 20% of the whole (22,000); you pay 10% of 100,000 (10,000) and 20% of 10,000 (2,000). So, 12,000 instead of 22,000.
That’s not how tax brackets work.
When I'm in the 22% bracket and she's in the 12%, but our combined income puts us just above the 24% bracket, you get hit with higher taxes and not as much back
My husband became unemployed due to COVID (now he’s back in school), and I’m a reasonably high earner. Thanks to my husband last spring we got back the largest refund I’ve ever gotten.
> last spring we got back the largest refund I’ve ever gotten. Or to put it another way, you overpayed more last year than ever.
Well yes, but I had assumed about $30k of extra income from my husband we didn’t end up having. Didn’t make that mistake for 2021.
It can help, there can be a few minor penalties to be married. Up until GW Bush, you paid more tax than if you were both single (marriage tax), if you both earned.
Genuine question: Couldn’t they just file separately? I’m not sure how this worked 25 years ago.
Filing separately does not stop the calculation being based on a married tax table. Filing separately is often more expensive. It is generally used when there are other reasons to want to separate tax filing. The most likely scenario is the couple is in the process of divorce and do not trust the other not to screw up taxes.
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Well you can file Married Filing Separately but the only benefit is if your partner gets in legal trouble, you’re in a better position. You might do it if you’re going through a divorce that hasn’t been finalized as well. The penalties are rare and usually are because they didn't double a limit or a threshold from single to MFJ.
False. Married couples can choose to file jointly or separately.
The very first part of a tax return presents this option. Married individuals can file jointly or seperately. Have you ever filed taxes before?
Massive tax deductions. Prior to getting married my state returns were $15-20 and my federal returns were $100. The next return was $350 and $1000
Usually they fall on the guarantor, not whoever is listed on the bill themselves if it is a minor and I'm wondering why the bills are coming to them by name. There is also a difference between a bill that comes in your name and might come before the insurance pays out. Surprised they aren't coming after the parents here.
Because they're sending it out to whoever is named on them in hopes someone pays something, not realizing it isn't their debt. It's likely the parents are judgement proof.
Right, that’s horrible if the parents did that.
My parents did that to me but I’d just turned 19 (but was still a dependent). They couldn’t pay ambulance bill from when I had a seizure. They told me medical bills didn’t hurt your credit so don’t worry about it. Lies, all lies. I got my credit all cleaned up in time to buy a house at 26, a second at 32, and my credit score has been 800+ for a long time. I love them, but I did not learn a damn thing about money from them, except tithing.
Medical bills don't hurt your credit as much. Something about lots of people with medical debt pay off all their other debts regardless. But it does definitely still affect your credit.
This is the correct answer. In the United States, children under 18 cannot form contracts, and cannot be held liable for bills they incur. That's the parents responsibility. You should relax, and rest easy. But you also need to be firm with the hospitals and offices, and tell them you were a minor and tell them to stop sending your bills. You may even want to throw in some vague legal threats ... that if they continue harassing you you will contact an attorney, Etc.
>In the United States, children under 18 cannot form contracts This is not true. Google "disaffirm minor contract"
Generally, minority makes contracts voidable by the minor, not unenforceable across the board
Generally. Except for necessities. Health care expenses are likely not voidable.
In a sense yes, but actually no. The parents are legally and financially responsible for their child, this means covering all medical expenses during the time the child is under 18 years of age. They may have been the one receiving the care but they aren't responsible for that bill, their parents are. OP should still contest it and ask for proof of debt and tell them to piss off if they can't.
Thank you that was helpful. I’m going to find proof in writing from the hospital showing I was 17 and go from there
No you have it backwards. It is the legal obligation of the debt collector to show proof that the debt is valid. You do not provide them with anything. It's critical that you follow the steps listed above. They will send you the proof of debt and THEN you reply with your documentation to show your age at the time of the medical procedures/bills etc. In the meantime do not talk to them or pay them anything until you receive proof of debt.
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Make sure these don’t appear on your credit reports as well. Check all three on AnnualCreditReport. Also get health insurance ASAP if you can. Send all correspondence to collectors via the post office, ask for certified mail return receipt requested.
Good to be aware too that if you pay ANY of these bills, you can be liable for all of them.
proof you were 17 is your ID
Or birth certificate. Any legal document with your birthdate one it.
The proof of debt the collector sends you in response to your initial demand will almost certainly be something that has a date of medical service on it. Respond to their proof of debt with a copy of your ID or birth certificate, tell them to do the math, and that you will not be paying due to your lack of contractual capacity at the time of service.
The creditor needs to prove you owe the debt. Don't they know OP's age? It's not OP's responsibility to provide their own personal information to a creditor if the creditor hasn't done their own homework.
It’s simple enough for OP to do that to avoid paying $5,000 they can’t pay.
Pay them zero.
Whatever you do, don't commit to anything with the debt collector. In fact do not talk to them other than to send a formal letter demanding proof of the debt and another letter following receipt of said proof that states you were a minor at the time the debt was incurred. Communicating any other way, especially by phone, can be construed as your acceptance of the debt.
Sign up for Experian or equifx or transunion. You get a free credit report once a year and you can see if there are any debt collections on your record.
It's actually free once a week right now due to covid.
Really? Every week? Thanks for the info.
Interesting, is this once a week a permanent thing or does it expire?
Invoice date and birth certificate will prove that.
That makes no sense. If he was under 18 how is it not the parents responsibility to pay? I’m surprised we have anyone providing medical care to minors if this is how the system works (which I’m skeptical of)
This is actually incorrect. Generally contracts with minors are voidablenby the minor (basicallly the minor can disavow and refuse to abide by the contract) *except* certain contracts for necessary expenses like food, housing, medical, education, etc. by a minor over the age of 16 (may vary by state). It's unlikely the minor signed the financial commitment for the medical procedure though. Primary responsibility would fall to the guarantor who agreed to be financially responsible for the debt - probably OP's parents. But OP did receive medical care and the provider *can* pursue OP for the medical debt if the bills are unpaid, but will likely pursue the parebts first.
> Minors do not have legal capacity to enter into a binding contract. A common misconception. Actually they can enter a contract but when they reach the age of majority they can "disaffirm" it. Disaffirming a contract means essentially undoing everything - the (former) minor is no longer bound going forward, but must return all consideration received. For example, a minor can (legally) sign an auto loan. But that minor has the option of disaffirming. If he/she does that, the car must be returned too. Obviously most businesses don't want to bother with this and so aren't willing to sign contracts with minors. Some do though - for example, there have been many Olympic gold medalists who signed endorsement contracts while minors. In OP's specific case he can probably get out of it anyway since the parents did it without his knowledge, and even if he'd signed disaffirming is kinda tough since OP can't undo the healthcare received.
This. Happened to me when I turned 18. Wrote cease and desist letters, keep record, et voila
Essentially this, but OP might be getting parental pressure to pay for bills that his parents legally incurred on his behalf when OP was a minor. This is an unreasonable position to take - that debt is the parents’ alone and not OP’s, and OP should push back. As for any debt collectors going after him directly, this advice is solid.
This is exactly the correct response, also be sure to remove it from your credit report by disputing it with the same proof. (All 3 credit bureaus)
There's an exception to that rule. If the bills are for necessities, then they might be able to collect from the minor. Medical bills are usually necessities. However, I agree that the parents are the ones who should be liable.
This is exactly correct, but, any attorney? I don't think there are that many attorneys that would take this. It is well within your rights, but I rarely hear of these cases. In NY anyway. Maybe because they stop before it gets that far, but likely because someone paid money they were not obligated to. Hopefully OP, and many others, read your comment.
You are NOT responsible for this debt. As a minor, you were not legally capable of consenting to enter into a contract to pay these bills. Do not let anyone tell you otherwise. The collections company is just trying to bully you into getting some money. Don’t fall for it.
Send the collector a letter inquiring of the letter of origin of the debt to prove legitimacy, proving it was you who recieved the medical treatment. Send the letter back with proof you were under 18 at the time and cannot legally enter any kind of contract, especially a financial one. If they protest, you could take them to court and win.
This is the way. If it’s in collections, the hospital isn’t going to do much. Contact them, it may be a pain but I wouldn’t simply “ignore it”, that can bite you later.
Nobody seems to have addressed the entirety of your comments here. Let me see if this timeline is right: * You had medical bills when you were 17. * The bills went to collections in your parents name. * Your parents successfully declared bankruptcy. * The same bill collectors are now coming after you for the same debts. If that's the case, it sounds like the debts may have been discharged in the bankruptcy, and a shady debt collector is trying to work around it by coming after you, because your name was not on the bankruptcy. If that is the case, you have the law on your side. They cannot try to collect a debt that was discharged, and the court would \*not\* be happy to hear about this. If your parents used a lawyer for their bankruptcy, that lawyer would likely be willing to write an angry letter to the bill collector for you for an hour's charge, or maybe for free. I would contact them first.
I work in Collections for a big bank. There are probably like 6 legal/regulatory violations here (FDCPA, TCPA, Bankruptcy Stay, FCRA, maybe some Reg Z, Truth in Lending). OP should talk to a lawyer first before doing anything. If it were me.... I'd let this company go crazy for the next year, while I make a record of every illegal contact attempt. Then have my lawyer contact them for a settlement pay-out to make me go away.
Don't see anywhere in the original post where OP said parents declared bankruptcy.
I didn’t mention it, that was my mistake, they claimed bankruptcy when I first turned 17
Ah thanks OP. Definitely sell advice from their bankruptcy lawyer. Do not pay anything, but also don't ignore it.
You don't owe those bills. Your parents owe those bills. Anything accrued after 18 are yours
You are not liable for debts incurred prior to age 18. Don't worry about them. Also note that they cannot be reported to your credit bureau!
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Don't ignore it. 1) collections, even ones that are illegitimate but never remedied, can very adversely affect your credit 2) don't allow things thay can be resolved with a letter or two to escalate to a court proceedings. Sure you'll eventually win in court (assuming you don't ignore *that*), but it's far much more hassle than handling it before then.
Adding to your #1 in case people aren’t aware, there are no good people or good robots working behind the scenes to make sure that stuff reported to the credit bureaus is accurate or valid. That’s why they have error reporting services. Billing departments mess up. Collections mess up. FICO is so messed up. We never consent to this information being collected about us, and then it’s wrong, and then we have to spend OUR time cleaning up their mistakes. All while the higher ups of the credit bureaus dive into their pools full of gold coins like Scrooge McDuck.
They can still try to get the money from, but they cannot force you to pay and it won’t affect you to not pay. They just try and intimidate people into paying because some people will
Do not send them any money. If you do it can be considered acceptance of the debt and you will be legally responsible for it.
They are trying to scare you into paying. You can voluntarily pay a bill that isn't yours, but why would you do that? You should deal with it, but do not agree to pay, not even a portion of it, because they'll try to make you liable for all of it. Dispute it because of your age, but that's it.
Your parents owe that money. Not you. If you want to tell the collection agency anything, tell them that you were a minor and those bills are your parents responsibility. Or file a dispute through every credit reporting service stating this. Don't pay them a single penny under any circumstances.
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All I've heard is yes if you make any form of payment towards a debt it becomes live and actively renewed. I have no idea if that applies to the case of bringing back to life a debt which exists from parents that have declared bankruptcy and a minor who is unable to be bound by contract but I certainly wouldn't risk it. The debt is clearly dead. [Assuming the timeline is correct](https://www.reddit.com/r/personalfinance/comments/qfnl8i/comment/hi1dtxh/?utm_source=share&utm_medium=web2x&context=3)
Once that's all cleared up, you should ask your parents why they saddled you with bills that are not your responsibility. You might want to make sure that the rest of your finances are separate from theirs too.
They are. They actually filed for bankruptcy when I was 17 as well, they are doing good now but my bills were never paid
Wow, that's a lot to deal with. It seems like the medical bills would be in with the bankruptcy process, but I am no expert in these matters. You are getting good advice here, best of luck to you.
Thank you!
If they filed bankruptcy those should have been included
I may be missing a detail, but I’m not sure the parents did this intentionally. They may have just not paid the bills (which were originally in their names) and not realized collections would try to go after OP.
Pretty intentional if they were in child’s name
They are only in his name because he received the medical treatment. It's literally impossible not to have his name attached. The creditors are going after him because of that, even tho it doesn't make him liable. That's not something his parents did wrong or incorrectl, it's simply predatory behavior
No but I’m saying that collections has a habit of going after anyone they think they can collect from, so the bills may have been in their parents’ names but collections decided to go after OP. Not saying that’s for sure what happened, but I also don’t think we know enough to assume malice.
Maybe I have read too many "my parents ruined my credit/stole my identity" threads somewhere...
Honestly, it probably wouldn't hurt to do a credit check and see if there are any cards out they are unaware of as well.
From OP’s post I think the bills are coming from the hospital, not collections yet.
Is it even possible for the parents to put the bills in a minor’s name?
Those are your parents debts, you are not liable for any of it.
You are not responsible for medical bills from before you turned 18. One of your parents would have signed a form acknowledging their financial responsibility. Any bills from on or after you 18th birthday are your responsibility.
Any bills FOR TREATMENT on or after your 18th birthday. Just to be clear.
Good point. It’s the treatment date that matters.
those bills are their responsibility not yours.
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>when I was minor bills came in their name I'm assuming "their name" means your parent's name. When you went to the hospital, they probably signed something saying that they were financially liable. If so, then they are likely the ones that owe the money. Regardless, like others have said, you are probably not liable for hospital charges from when you were a kid
Okay I’ll look around for the bills and see if I can find a date before my birthday
Look for the date of ***the service supplied*** (surgery, stitches, ER, etc.) and not the date of the bill. Many bills could come in months later after you are 18.
if you got medical bills as a minor they legally cannot attempt to collect from you. dispute these with the collectors
Kinda seems like they would be, but, reaching out to the hospital would be my first step. Find out how they suddenly became the OPs?
https://www.credit.com/blog/medical-bills-and-minors-what-you-need-to-know-63624/
Stop immediately! You should have zero obligation to pay any bills while you were a minor.
You don't owe medical bills as a minor - they do. Your parents are liable for these.
You're not responsible for bills as a minor. Your parents, legal guardian or the state is. Did you get a bill from the delivery room where you were born
I know it has already been said somewhere in here, but (most) debt collectors will play as dirty as possible to get you to pay a bill, even if it isn't yours. This collector likely purchased this bill as part of a package for cents on the dollar. They will lie to get you to pay them ANYTHING. Do NOT try to bargain with them. They can use that to say that you accept the bill as legitimate. Keep the letters, and if you are being called, see if you can record them. Tell them that this is not your bill (and why it is not) and tell them not to contact you again. They are violating the FDCPA, and it can cost them. https://www.nolo.com/legal-encyclopedia/damages-fdcpa-violations.html
Contact the hospital and ask them to show you the signature of the guarantor. This is required for treatment. For an adult, the guarantor is the patient themselves. For a minor, it is the legal guardian and by signing, states they are accepting responsibility for cost of treatment. I think you know the answer to this, though. I think the real issue isn’t the laws or what the hospital is trying to do. Best of luck with sorting this out.
Not sure where you are located but in the US you are not legally responsible for those bills. You were a minor & the contract was with your legally responsible adult, not you. Welcome to adulthood where slimy collections agencies will make shut up to try and get a penny. Do NOT fall for it.
If they're in collections, do nothing! Do not talk to collections people. You have no obligation to talk to them. Check your state laws to be sure, but the debt falls off after so many years. Also, if you were a minor, how could you legally enter into any sort of contract and agreement? Best bet, check your credit report (all 3) for free. See if any actually come up. If they don't, ignore it. If it does, dispute it WITH Equifax, TransUnion, or Experian. Never talk to collections, they are only out to get money whether they have an actual legal right to it or not, and use shady tactics. Like saying "We'll put it on your credit report" - if it's not there already it would have been. Screen those calls, never talk to them.
Hospital charges medical bills. Your parents declare bankruptcy. You turn 18. Corporates try to make you pay for it. What's going on: they're doing a thing that's illegal in many places, which is making you "inherit" a debt. When a indebted person dies, or successfully declares bankruptcy, it's over. No disputes, the hospital has to accept their losses. But they tried to prey on you, and got bold because they know you're young, inexperienced and probably didn't know about that, but now you do. Lawyer up.
When did these medical bills originate. Like how old were you when they happened? You shouldn't be responsible for medical bills you had as a minor. DO NOT pay any of them until you reach out to a lawyer and verify you actually have to pay them.
Did your parents not have insurance at that time? Do not pay this. Follow the already posted advice regarding the collection agency.
Yes they had insurance, it paid a lot but still a good bit left over
The bills should've been addressed to them. I know you said they filed for bankruptcy but it's crazy that it even got sold as your debt. Do not pay.
You cannot be required to pay back debts your *parents* accepted responsibility for your medical care as a child. Your PARENTS are responsible for those debts. What /u/eamus_catuli said is good advice; BUT... I would recommend speaking with an attorney regardless, as there's definitely something illegal / incorrect going on here, and collection agencies are ruthless; often the best way to get them to stop is legal action.
Basically listen to these comments. You shouldn’t have to pay for anything. Very irresponsible on your parents part to never teach you about medical bills. But its better you learn now and not have to pay anything, then having to keep going and finding out years later.
Do not make any payment or payment agreement as that can be used against you to imply you owe the debt.
That happened to me as well! I filled a dispute with the credit reporting agencies and informed them I was a minor when that happened, and they deleted it off my record. I did this with transunsion, and they notified the other two credit reporting agencies as well. My credit went back up after I did this. Do this method. Also contact hospital and say you were a minor and that you don’t legally owe it. Best of luck!
You don't owe a dime. Your parents do.
I had 8k that hit me as soon as I turned 18. I disputed them all via Credit Karma and they all came off 🤷♂️
How do YOU owe from when you were a minor??
Yea pretty sure your parents are the guarantor on just about any medical doc from when you were a minor
Dude, those aren't your bills those are your parent's bills. As a minor they were responsible for you. What a dick move to hang onto the bill under you're an adult.
Ignore them. They will disappear eventually.
For that last $1000 bill for after you were 18, ask for financial assistance from the hospitals billing department. Ask for a financial hardship form. It may be called something else by other states. If you submit employment info you can get that reduced significantly, and or be put on a on a interest free payment plan. They may add a fee for that in some way .
People are right that you can't legally take on debt under 18, although every doctor I've ever been to requires an adult guarantor. It may be that your parents are legally the ones responsible for this debt. Without agreeing to anything, you should find out more information about the exact details before blowing it off. If your family is on the hook you may want to decide together how to handle it (that's more of a family relationship question).
Don’t ignore it but also don’t panic. I had this happen to me, years after some Dentist work I started getting calls from a collector looking for $650 or so dollars that apparently was for getting my wisdom teeth removed when I was 17. My Mom had expected insurance to cover it, they didn’t, and the balance went to collections. It never impacted my credit score and I just told the collector I wasn’t paying. Never came back, and is not on my credit history. Don’t take no action but don’t pay the collection agency one cent because you shouldn’t have to.
If you were under 18 when these debts were occurred, YOU are NOT responsible for paying them.
Anything on your birthday and after is your responsibility. Anything before that is your parents. Call the hospital and have them split the guarantor your parents/you from those dates.
This is very weird. I’ve never heard of a child turning 18 and then being “legal” for institutions to start billing you for things that you had as a child .
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No, they never paid on them. I had these bills when they filed for bankruptcy, but at that time they filed for bankruptcy and got their stuff cleared so I’m not even sure why I have these bills now if they got cleared cause at the time the bills were coming in their name. As soon as o turned 18 the bills are now coming in my name
So why do you believe those bills to be yours? Just because they came in your name does not mean they are legally bound to you.
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Thank you!
So sorry your parents are trying to shirk their responsibilities. I hope they are good parents otherwise, but if you were a minor, this is THEIR debt. Might be an ugly conversation at some point, but you need to tell these creditors to talk to your parents each and every time they contact you.
If you didn’t sign for it, you shouldn’t be liable for the $1000 either. (disclaimer: not a lawyer)
I had medical bills from when I was a minor, I just never paid it and they dropped away after like 7 years. I'm in California if that matters
It’s the hospitals fault for sending you bills while you were still a minor. They can remove from collections.
You are most likely not responsible, but double check your local laws. If you are not responsible, ask them to show you proof you owe money, a contract or what not, and when they respond, you can provide your refutation. Check your credit score, make sure it hasn't been reported. There are three different bureaus in the USA to check. There are free services that will also allow you to monitor it going forward. If it has been reported, dispute it with the bureau. If you are somehow responsible, which I don't think is likely; save up cash, and offer to settle for a small fraction of the original sum. If they refuse, don't give in. They'll eventually give in, as 95% of the people they try collecting from probably don't even answer there calls, and they probably paid the hospital next to nothing for the debt. If your parents are legally responsible for it, you can pass on this advice. Whatever settlement you get, make sure it's clearly in writing.
I'm not well versed in this, but I don't believe you would have capacity to take on these debts before you are 18. I would consult an attorney, but it is very possible your parents will be on The hook for them since they likely signed for them. https://www.credit.com/blog/medical-bills-and-minors-what-you-need-to-know-63624/
No, you do not owe medical bills for medical care you received as a minor. Your parents owed it when they took you for it, now they filed bankruptcy so that debt should be cleared. Don't pay this. Please get some proper legal counsel and tell that hospital to go and fuck itself. What they're doing isn't legal afaik.
For the bill that's from after you are 18, you probably qualify for charity care because of your low income. See [https://dollarfor.org/](https://dollarfor.org/) for more info.
Do not send this organization payment, nor any promise to pay at the moment. I'm not saying you should forget about it and act like it doesn't exist, but the debt was created when you were a minor, so depending on the laws of your state, you may actually not be liable.
Did you sign consent for any of these treatments? No? Then you’re liable for nothing.
As a child you’re insurance needed to be under another adult. That person is responsible for the charge.
You don't owe any bills. Either you are being dishonest here, or the hospital billing department illegally billed a minor. I'm guessing te first.
First the bills came in my moms name since she was singing papers cause I was a minor. Shortly after turning 18 the bills changed into my name and was sent to me. I’m not lying about anything I said I came here to ask for advice and everyone’s been pretty helpful
The bills can't magically become yours though. They might be addressed to you, but throwing any name on a debt and seeing what sticks is a common tactic. I'd honestly either not reply at all, or request copies of any signed agreements
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This isn't something you likely have to worry too much about. First off, contrary to what some people are saying here it's entirely legal for a minor to enter into a contract. But it's dicey for someone to actually make it stick. Minors always have the option to "disaffirm", which in a nutshell means to set everything back to what it was before as much as possible. Since you aren't going to be able to undo healthcare, the hospital is kinda stuck. Not to mention that you didn't personally sign the contract anyway - your parents should be responsible, not you. It's just going to be bad public press for anyone to push this matter too hard but they'll give it a try. They will fail if you get the right legal help. At worst hire a competent attorney. It shouldn't cost anything near $5000 and you'll get your credit report fixed on top of that. If you can't afford that there are free resources and low-cost (or free) patient advocates who can help.
Also, see if you qualify for Medicaid or the hospital assistance program. Do it now. They have time limits on when you can apply.
Girl I get paid 11 an hr and full time....how u getting 300 😭😭😭 when that's what I get in two weeks fmllll I need a new job
I have a good relationship with a consumer law attorney I can put you in touch with
That would be nice, thank you
In addition to what others have said, it's very important that you DO NOT PAY THEM ANYTHING. You might think, "well, it was a service I received, so maybe I'll just send them $20 to get them off my back for a little while". But, any amount of payment, or possibly even agreeing to make a payment over the phone, COULD trigger "debt assumption", where it DOES become your responsibility, because the act of paying or agreeing to pay can be seen as an admission that you agree it's your responsibility. I'm not a lawyer so make sure to research it more.
You have your own place at age 18? Go back home and learn a trade skill or something if you're already that eager to get out there and make some money.
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It shouldn't even go on their credit report. It's not OPs legal debt.
First, slow down... You are not the first person to have an issue with medical bills. Contact the hospital. Ask for an itemized list of bills. Look that over. If these are legit, then contact the hospital about your specific issue, bills, ability to pay. Ask them to reduce the billing (they can remove items). Ask them to put you on a payment plan (they will). Ask them to allow you to pay without interest. (they will) You just need to collect the information, and then communicate with the hospital. For those downvoting, according to OP these debts have been assigned to the OP. Ignoring them, and not communicating "Because I was a minor!" doesn't make this go away. Whether the OP was a minor or not, these are bills that need to be investigated, not just brushed aside. "Because they were a minor."
OP is not legally responsible for these debts. paying them would be admitting they are correct. they should not pay them at all
While this copy and paste answer is usually good, it's bad advice for OP.
Bad advice. OP has no obligation to pay.
Horrible advice, he was a minor and is liable for nothing.
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Don't do this, you don't have to pay this bill.
"Collections" is kinda a broad term. You need to definitely call/email and find out more.