Do I Owe a Medical Bill My Parent Signed for When I Was a Minor?
Two weeks after I turned 17, I was in an accident that led to about $6,600 in hospital bills in another state. I was still in school and living with my mother, and she is the one that signed all the papers. The account was opened in collections a month before my 18th birthday, and it is on my credit report. I haven't heard from the collector in quite a while, and I don't want to wake them up.
Can they still sue me for the money, or is it legally not my debt? Should I dispute it or just wait for it to drop off? And will disputing it remove it as if it were never there?
—J.
Short answer
If you were a minor and your parent or guardian signed for the care, you are not liable for the debt, because you had not reached the age of majority. Tell the collector so in writing, and dispute the account with the credit bureaus as not yours.
Key points on this page
- You are not liable for a debt signed for by a parent or guardian while you were a minor, because you had not reached the age of majority
- Tell the debt collector in writing, by certified mail with return receipt, that you were a minor and are not liable for the debt
- Send a separate dispute to the credit reporting agencies saying the debt is not yours, and copy the debt collector
- A collector would have to sue you using an unusual legal theory, and that is unlikely
- A cease communication letter leaves a debt collector little option but to try to collect in the courts, so a dispute letter on its own is the gentler route
- If a collector does sue, be ready to hire an experienced debt defense attorney
The first thing I want to know in a situation like this is whether you were still under someone’s legal guardianship, like your parents, when the care was provided.
If you were, and your parent signed for the care, I would let the collector know in writing that you were a minor and are not liable for the debt, because you had not reached the age of majority. Use certified mail with return receipt.
I would send a different dispute to the credit reporting agencies about the debt not being yours. Send those disputes certified mail with return receipt too, and copy the debt collector.
Can they still sue you?
They would have to sue you using a unique legal theory, rather than what is typical. I just do not see that happening.
A dispute letter or a cease communication letter?
If it were me in your shoes, I would send a cease communication letter to the collector stating the debt is not mine. I would send dispute letters to the credit bureaus letting them know the debt is not mine, with no details, just not mine. I would send everything certified mail with return receipt through the USPS.
If the collector tried to collect after getting my cease communication letter, it would have to be in the courts, or I could sue them for not complying with the Fair Debt Collection Practices Act. If the debt collector did sue, I would want to be ready financially to hire an experienced debt defense attorney.
Dealing with a debt collector the way I would is not everyone’s cup of tea. If you send a cease communication letter, you leave a debt collector little option but to try to collect in the courts. You can send just the dispute letter about the debt not being yours instead. I cover why that matters in can telling a creditor to stop calling get you sued.
It would not hurt to run a situation like this by an experienced Fair Credit Reporting attorney or debt collection defense attorney in your state.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
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