Legal Question in Credit and Debt Law in New York
Medical bills incurred as a minor, responsible party deceased
I recently checked my credit report
and saw a debt from a collection
agency who is billing me for a
doctor's visit I had when I was 15
y/o. Also, I have been getting
collections notices from other
hospitalizations I had as a minor (16
and 17 y/o). I am 20 y/o now. I was
covered under my father's insurance
at the time, but he passed away last
year. Here is what I need to clarify:
- Is there any way to dispute these
debts since I was a minor when I
received these services?
- Since my father passed away, do I
automatically become responsible for
the debts?
- If the agencies decide that I am not
responsible for them, would the bills
be passed on to my mother?
1 Answer from Attorneys
Re: Medical bills incurred as a minor, responsible party deceased
Is there any way to dispute these debts since I was a minor when I received these services?
A. Yes, an individual under 18 may not legally enter into any contract.
- Since my father passed away, do I automatically become responsible for the debts?
A. No. The responsibility for the debt is on your father's estate.
- If the agencies decide that I am not responsible for them, would the bills be passed on to my mother?
A. There are several factors. 1. Were you parents married at the time of the medical treatment? If yes, you mother may be deemed responsible for the medical necessities supplied to you. 2. Did your mother agree to joint responsibility with the father. If yes, mother may be deemed responsible. Finally, 3. Did mother inherit from estate and take inheritance before payment of debt (despite notice received from creditor). If yes, mother may be deemed responsible.
Mike.
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