Legal Question in Credit and Debt Law in New York

Re: Financial Responsibility of A Minor

I would need to see the paperwork to determine if you are responsible. Please call me office at 718-888-3108 and say you are calling from LAW GURU for a free telephone consultation.

Neil E. Colmenares, Esq.

Re: Financial Responsibility of A Minor

Health care obligations are usually not enforceable under NY law. The debts of a minor must be 'affirmed' in order to be collectable after reaching maturity (18 years). There ar exceptions, usually 'necessities', to this rule. The affirmation can take many forms, but usually includes something in 'writing'. On the other hand, health care is considered a 'necessity' and does not require an affirmation after reaching 18 years.

The short answer is: the debt may have survived maturity, but the creditor may not sue you to collect the debt. How to make the creditors stop harrassing you is another question. You are welcome to a consultation at no fee at my offices at 42 west 44th st, ny,ny. Please call for an appointment first - 646-591-5786.

Re: Financial Responsibility of A Minor

If more than 6 years has run since reaching 18 the statute of limitations has run and the debt is uncollectable in court. So advise the agency in writing and that if they continue to harass you will file a claim against them.

Re: Financial Responsibility of A Minor

David Slater is correct. You are not responsible if more than 6 years have elapsed since you reached the age of majority...as long as you did not STOP THE CLOCK (called TOLLLING) by making a payment along the way or admitting to the debt (both of which would start the clock over)...similarly, there are statutes that might TOLL the 6 year limitation if you move out of state...you don't mention how much the debt is or where it was incurred so it is impossible to give a more specific answer...but there are statutes (laws) which govern the way collection agencies can contact you and if you tell them in writing to STOP they have to listen. JUST DON'T ADMIT ANYTHING or agree to make even the tiniest payment...(that's a little trick they pull...that (a) proves you are the correct debtor and admit that you received services and (b) starts the 6 year statute over again)...BE CAREFUL. Of course, they can simply send the claim to another agency and dunn you again...and again...and again...you have to have TOUGH SKIN.