Legal Question in Credit and Debt Law in Maryland

Re: minors liable

Interesting question. Technically, it may depend on the contact that was signed with the medical providor. If someone such as your parents signed as the "responsible party" and you did not sign, then arguably you never obligated yourself to pay the debt and it should not be recorded on the credit reports as your debt.

On the other hand, minors ARE capable of making binding legal contracts if they are for "necessaries" such as medical care. So, if you signed yourself then you may be obligated.

You may want to make an objection and dispute with the various credit reporting companies asking them to "verify the debt". If they can't verify that you are obligated within 30 days, then they must remove the negative credit reference until such time as the debt is verified.

Also, you should follow-up with the medical providors and ask for proof of the debt showing your signature on the contract. If they've reported you to the credit agencies without valid basis they should ask for the reference to be removed (otherwise there may be violations of the Fair Credit Reporting Act).

Please feel free to give me a call if you have questions about any legal matter.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Re: minors liable

Here is some insight I got from another attorney that may be helpful to you:

It is true that, in the first instance, parents are responsible for

their minor children's medical bills. This responsibility springs from

the parents' common law and statutory obligation to support their

children. See Johns Hopkins Hospital v. Pepper, 346 Md. 679, 688-89

(1997). The parental obligation to support includes the obligation to

provide necessary medical care for the children. Id. at 689, citing

Craig v. State, 220 Md. 590, 596 (1959).

However, there is an exception to this rule under the doctrine of

"necessaries." If the parents are unwilling or unable to pay the bill,

then the child is liable for the medical bill. See Garay v.

Overholtzer, 332 Md. 339, 367-71 (1993). "[W[here the parent refuses or

its unable to furnish necessaries, the infant is liable for necessaries

furnished him or her." Id. at 369. The idea behind the rule is

encourage people to provide medical care to injured children. If

children were allowed to void contracts for medical care in all cases,

people might be reluctant to provide medical care to children (and also

reluctant to provide other necessaries, such as food, clothing, or

education).

Disclaimer: The posting of this response is not intended as legal advice. This

posting is not confidential or privileged and does not create an

attorney/client relationship.

_ Michael C. Worsham, Esq., [email protected], 410-557-6192