Can an adult be sued for medical bills that were incurred when they were a minor?
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Can an adult be sued for medical bills that were incurred when they were a minor?
My son, who is 20 years-old, had a wrist injury when he was 16. My estranged husband was responsible for this medical bill however the balance owed was never paid. The attorney/debt collector is now suing my son now that he is 20. The attorney/debt collector is a bully and read statutes over the phone telling my son how he was now responsible. Can my adult son be sued for a medical bill that he incurred as a minor, how is this right?
Asked on October 15, 2010 under Bankruptcy Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The attorney/debt collector is operating in dangerous territory. Reading the statutes is not necessarily against the law but implying that he will be arrested, etc., can be. What do you mean by bullying? Let me tell you that under the Fair Debt Collection Practices Act a debt collector can get in to a lot of trouble by using tactics to scare or intimidate a person. An attorney can get in to far greater trouble with the local bar association as well. I would familiarize yourself with the act in order to arm yourself against his calls. If he is in violation the report him. As for the debt owed, it is a contract for services rendered. Yes, it is true that your son was a minor at the time but he is now an adult. Was your estranged husband listed in the hospital as the responsible party? I would ask someone to review the claim for you and see if it is viable even statutorily with the statute of limitations. Good luck.
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