Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Nov 2011
    Posts
    15

    Question Unpaid Medical Bills and Debt Collectors

    My question involves child support in the State of: GA

    Hi everyone. Apologies if this is posted in the wrong section. My ex has a large unpaid medical bill for our child who is a minor. Although the bill is in his name he associated my phone number with it. He has not set up a payment plan and now I am getting automated phone calls from debt collectors with my child's name.

    My questions are:
    1. Is this a valid call or a hoax number? 1-877-795-9819. I have only listened to the voicemail and haven't answered it. It goes something like this:
    THIS IS A CALL FOR XYZ. IF YOU ARE NOT XYZ PLEASE HANG UP. BY LISTENING TO THIS MESSAGE YOU CONFIRM THAT YOU ARE XYZ. THERE IS A DEBT FOR XYZ FROM OPTIMUM OUTCOMES. PLEASE CALL THIS NUMBER.

    2. If valid and the bill remains unpaid can this affect the credit rating of my child later in life or will the debt remain solely with the father?

    Thanks in advance

    XYZ= CHILD NAME

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,463

    Default Re: Unpaid Medical Bills and Debt Collectors

    You just told us that this is the attempt to collect a debt for your child's medical bill, incurred by your ex. Based upon that statement, we have no reason to believe that this is not a valid effort to collect that debt.

    We don't know any of the facts underlying the medical bill, but as a general rule a minor can be held to contracts that provide the necessities of life - which may well include the medical care at issue. Also, parents have a duty to support their children and provide necessary medical care. So it's conceivable that the child will be held responsible for the medical bill in the future if you and your ex- don't fulfill your responsibility as parents and pay the bill. If your ex- is supposed to pay the entire bill under the terms of your divorce judgment and has not, you can consider bringing a motion in court to attempt to compel payment. The rest depends on the facts.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,816

    Default Re: Unpaid Medical Bills and Debt Collectors

    When you googled the phone number what results did you get?

  4. #4
    Join Date
    Oct 2006
    Posts
    6,155

    Default Re: Unpaid Medical Bills and Debt Collectors

    Quote Quoting Mr. Knowitall
    View Post
    You just told us that this is the attempt to collect a debt for your child's medical bill, incurred by your ex. Based upon that statement, we have no reason to believe that this is not a valid effort to collect that debt.

    We don't know any of the facts underlying the medical bill, but as a general rule a minor can be held to contracts that provide the necessities of life - which may well include the medical care at issue. Also, parents have a duty to support their children and provide necessary medical care. So it's conceivable that the child will be held responsible for the medical bill in the future if you and your ex- don't fulfill your responsibility as parents and pay the bill. If your ex- is supposed to pay the entire bill under the terms of your divorce judgment and has not, you can consider bringing a motion in court to attempt to compel payment. The rest depends on the facts.
    I am not at all sure that you are accurate that a minor can be held responsible for a medical bill...in fact, I am nearly certain that you are incorrect.

    I do know, for CERTAIN, that listening to a message left on voice mail does not validate that the person listening is the person for whom the message was left.

  5. #5
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    565

    Default Re: Unpaid Medical Bills and Debt Collectors

    I agree. AFAIK, minors cannot be held legally responsible for medical bills incurred on their behalf.

    I may be wrong, but I don't think so.

  6. #6
    Join Date
    Nov 2011
    Posts
    15

    Default Re: Unpaid Medical Bills and Debt Collectors

    Thanks everyone for the replies.

    Firstly the divorce decree states that whoever gets the medical bill will pay it and get half back from the other parent within 30 days. I have paid all my bills and requested (with paid bill evidence) that my ex pay me back. He has not always done so. I have kept records of this.

    Secondly I have asked (with email evidence) my ex to provide me the evidence of his paid medical bills so that I could pay him my 50%. He has never done so.

    Thirdly. I listened to the message on my answer machine because it was my phone and about my child who is a minor.

    Fourthly. What happens to the responsibility of this medical debt when the minor becomes 18?

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,463

    Default Re: Unpaid Medical Bills and Debt Collectors

    Quote Quoting EA1070a
    View Post
    I agree. AFAIK, minors cannot be held legally responsible for medical bills incurred on their behalf.

    I may be wrong, but I don't think so.
    As a general rule, a minor's contract to obtain the necessities of life is generally binding - including a contract for necessary medical care.

    Georgia has modified the common law rule to a degree, by statute,
    Quote Quoting OCGA Sec. 13-3-20(b)
    The contract of a minor for necessaries shall be binding on him as if he were of legal majority except that the party furnishing them to him must prove that the parent or guardian of such minor had failed or refused to supply sufficient necessaries for him.
    A medical creditor might argue that the parent's refusal to pay a medical bill constituted a refusal "to supply sufficient necessaries for him"; the minor would presumably respond, assuming it to be the case, that the parent's entry into the contract for provision of medical services constituted the supply of necessaries by the parent and that the rest is a matter of bill collection properly directed at the parent. I don't see any guidance as to how Georgia's courts would apply the statute in such a dispute, although I think that language favors the minor where the parent arranges for the medical services.
    Quote Quoting marathon
    View Post
    Firstly the divorce decree states that whoever gets the medical bill will pay it and get half back from the other parent within 30 days.
    Your divorce decree is binding upon you and your ex-, but it is not binding on third parties (such as medical care providers trying to get paid for services they provided to your child).

  8. #8
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    565

    Default Re: Unpaid Medical Bills and Debt Collectors

    Quote Quoting Mr. Knowitall
    View Post
    As a general rule, a minor's contract to obtain the necessities of life is generally binding - including a contract for necessary medical care.

    A medical creditor might argue that the parent's refusal to pay a medical bill constituted a refusal "to supply sufficient necessaries for him"
    That's a bit of a stretch beyond the intent of that statute.

    The care may have been on behalf of the minor child, but the contract was entered into by the parents. This is not a situation where a minor obtained care on their own behalf because the parents refused to do so.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,463

    Default Re: Unpaid Medical Bills and Debt Collectors

    You have successfully paraphrased what I said about the statute. The common law rule, as I stated, is modified by that statute. I get that you're not familiar with contract law as it relates to minors, but I did explain both the common law and the statute.

  10. #10
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    565

    Default Re: Unpaid Medical Bills and Debt Collectors

    Actually, I don't think you have any idea what I know / don't know about any area of the law because you don't know what my background is.

    I'm answering in generalities because there are always exceptions. Hell, you know as well as I do that you can present the same case before two different judges and end up with two different rulings.

    You have to look at the intent of the statute, and under these circumstances it's highly doubtful that the minor will be held liable for expenses incurred by the parents for the minor's medical care, especially since the parents entered into the contract to pay for services.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Collection and Enforcement: Judgment Collection Over Unpaid Medical Bills
    By catwellhollow in forum Judgments
    Replies: 2
    Last Post: 06-15-2013, 03:52 PM
  2. Credit Reports: Unpaid Medical Bills
    By Browne in forum Personal Finance And Investment Law
    Replies: 1
    Last Post: 07-27-2012, 07:17 PM
  3. Debt Collectors: Unpaid Ambulance and Medical Bills in Australia
    By takingflite in forum Medical Debt
    Replies: 2
    Last Post: 04-21-2009, 10:05 AM
  4. Expenses: Unpaid Medical Bills
    By FLMOM71 in forum Child Support
    Replies: 3
    Last Post: 02-28-2009, 05:15 PM
  5. Debt Collectors: Sued For Unpaid Medical Bills
    By saar1234 in forum Medical Debt
    Replies: 2
    Last Post: 01-08-2008, 05:03 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document