Legal Question in Credit and Debt Law in North Carolina

My wife has medical bills that her parents did not pay from when she was a minor and Boice Willis contacted us saying that we have to pay them or they will put it in collections against my wife's credit. I thought that any debt accrued as a minor is the responsibility of the parents.


Asked on 3/09/12, 3:47 pm

1 Answer from Attorneys

You leave out a whole lot of details which don't exactly make sense. Such as why wasn't the bills paid? When was this? When did your wife attain the age of majority (18)? How old is she now? What kind of medical treatment was rendered? Why did insurance not cover cover this? Has your wife spoken to her parents about this?

Boice Willis - who/what is that? If it is a debt collector then the bill is already in collections.

If your wife received the benefit of treatment, there might be a moral as well as a legal duty to pay for medical necessaries regardless of minority at the time the charges were incurred. However, it might depend on when your wife turned 18 and how long it has been since that time. If over 3 years since your wife turned 18, then the statute of limitations has run and the debt would no longer be legally collectible (assuming that it was incurred in NC). In such case, the collector can still try to collect, but it will drop off the credit report in 4 years anyway, so I would not pay it as you don't want to revive the statute of limitations. If you want to pay something to settle this debt, then your wife needs to take steps to protect herself as she does not want to revive the statute of limitations. In such case, your wife should get a settlement letter before she pays a dime. The letter should indicate what is owed, the settlement amount and that there will be no further obligation once the settlement amount is paid.

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Answered on 3/09/12, 10:16 pm


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