Legal Question in Credit and Debt Law in Missouri
medical bills sent to collections MO
My mom received a letter from a collection agency about a medical bill for my dad. It was for durable medical equiptment he used last November. The DME provider never sent him a bill, this was verified by the collection agency. Also, the collection account is in my mom's name, and she is neither the patient nor the guarantor. Please help me find out if they are violating any laws by 1) putting the account in my mom's name, and 2) sending the account to collections without sending my dad a bill.
Thanks
1 Answer from Attorneys
Re: medical bills sent to collections MO
If your father was the patient, your father's estate, and not your mother, is responsible for the bill. If you dad had a will and there has been a probate estate opened up in court, then the bill can be paid through that mechanism. Otherwise, in the absence of an estate, you mother can refuse to pay. If the collection agency continues to bill your mother when she neither signed for nor obligated herself to pay for the DME equipment, then seek help from a lawyer. The collection agency is violating the Fair Debt Collection Practices Act, because the debt should be paid through the estate, not by dunning your mother.
Good luck.
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