Medical debts from childhood

[egorman]

What is the name of your state? New York
I'm trying to find out if there is any actual statute or case law that covers collection of medical debts that were incurred as a minor. I'm a housing counselor currently working with a woman who was in the hospital when she was 17 years old (back in 1998). The bills were originally in her father's name, and they were never paid. When she was 20 (in 2001), the collection agency for the hospital switched the bills to her name, took her to court, and were awarded a judgment. Being young at the time, she didn't realize the implications. I spoke with the collection agency today. Their records showed she called to question the legality of their actions in 2001 & 2002, but they said they explained to her then that everything was legal, so she never fought it. The judgment has now fallen off her credit report, but is still hanging over her head, as she could still be garnished, bank account frozen, etc.

The statute of limitations in NY is 6 years, so I asked the collection agency if any child 12 years of age or older should be concerned about the medical bills their parents don't pay. They said they only pursue bills that children incur after they turn 16, as then they are "almost adults". Does anyone know of any statutes or case law that actually address suing people for bills that their parents didn't pay for when they were minors? I wonder if this would apply for only medical bills?

Thanks for any help!

[Ladynred]

"Almost adults' doesn't count under the law. The age of majority in NY is 18, any bills incurred by her parents, for HER medical bills should NOT have been automatically shifted to her.

The statute of limitations doesn't apply here if the judgment was rendered back in 2001/2002. Judgments in NY are good for TWENTY YEARS.

This woman needs a lawyer who knows how to deal this this sort of issue.

[egorman]

Thanks - I agree with you. But my client really can't afford a lawyer, unfortunately, and both she & I contacted our local legal aid lawyer, who said she really couldn't help (their focus is on landlord/tenant issues). She's the one that suggested trying to research case law. I know that there must be something in writing that addresses this issue - just don't know where! But thanks for your response...

[Zigner]

The bigger problem is that you are WAY past the point of protesting. She now has a JUDGMENT against her. This is no longer a "medical bill".

[Ladynred]

Contact your local bar association, they have a network of lawyers who do pro bono work and she could at least find out where she stands.