Legal Question in Credit and Debt Law in Oregon
debt collection
My 22 year old step-daughter received a bill from a collection agency from when she was 17 and her mother used her ss# to get a cell phone. Her mother died 3 years ago and the collection agency says she is liable for the bill due to being the next of kin.
2 Answers from Attorneys
Re: debt collection
If this is a California bill, it appears that it's over 5 years old and collection might be barred by the 4-year statute of limitation. Also, minors cannot enter into a contract, so it becomes voidable.
Re: debt collection
Normally a minor is only liable for necessities, however this debt may be beyond the statute of limitations. Even though the problem may have bee caused by her mother, she may have a claim against the collection agency under the Fair Debt Collection Act. We would have to review the letter. Please contact our office if you have any questions.
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