Legal Question in Credit and Debt Law in New York
Dependent Child responsible for Medical Bills?
About 7 years ago I had some dental work completed. I was, at the time, going to college and on my Mother--name removed--on my Mother--name removed--insurance. As far as I knew the bill had been paid. Just last month I was notified that the total due was over $6,000 ($4,000 in late fees) and that I was being help responsible for it since my Mother never paid it. Can this be done? I have never received a bill showing the original amount. I would be willing to pay the original bill if I had know it existed and I would even be willing to pay a small additional fee. I don't feel I should have to pay late charges for a bill I was unaware of not to mention that the bill was in My mother--name removed--name. It appears that they finally realized they could not collect from her and have now gone after me. What are my liabilities and how can I approach negotiating a pay off that I feel is fair?
2 Answers from Attorneys
Re: Dependent Child responsible for Medical Bills?
Most likely I can help you get this debt under control and avoid late fees. Please feel free to contact me.
Re: Dependent Child responsible for Medical Bills?
This is a little more complicated than most cases. That is because you are not the primary debtor and you were possibly under 18 at the time the work was performed and this is a medical bill.
1. Typically, you are not liable for bills incurred before you are 18 years old, but medical is an exception if the work was necessary for your continued good health.
2. Since you are not the actual debtor, you would ordinarily not owe the money.
But medical bills can be an exception. In addition, you have received a benefit without paying for it. That is a sufficient legal theory for trcovery of the debt.
3. The role of 'medical insurance' is often a confusing one. Frequently these organizations send out bills for work that has already been paid by the insurance company in the hope that you wuill pay it. This is immoral, but they do it.
(a) Pay nothing. Write to the creditor and explaint the circumstances. Say (i) it was paid by insurance, (ii)it is not your bill, it is your mother's bill., (iii) you are not going to pay, (iv) request documentation for each charge.
This may stop them immediately, but expect them to continue to suborn you for the money. Pay nothing, accept no responsibility for the bill, and (if they pursue the matter in court), then get a lawyer.
It is my opinion that they will not pursue it and, if they do, they are on thin leagl ground. Not many judges will let them win on these abstract theories after so many years.
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