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16 y/o son has 14 year old debt ???

Date: Thu, 06/23/2011 - 12:59

Submitted by anonymous
on Thu, 06/23/2011 - 12:59

Posts: 202330 Credits: [Donate]

Total Replies: 4


Hello all...I received a letter from National Recovery Agency regarding an ER co-pay from 1997 that my son allegedly owes from when we lived in FL. A few things -
[LIST=1]
  • I live in California - moved back in 2001
  • I didn't take my son (then all of 2) to the ER in FL back in 1997
  • The debt is assigned to my son
    I don't want my son's credit to be ruined before he's even established it. How should I respond? Do I send them a DV letter or cease & desist citing Statute of Limitations?

    Thanks in advance!!!


    • I would send a C&D, citing this is not your debt.

    Secondly, I would contact the hospital that originated this charge and tell them they have the wrong person and demand that they correct their records.

    Is it possible that your son's medical card was lost or stolen (back then) and someone used it to obtain treatment?


    lrhall41

    Submitted by OhioGal1 on Fri, 06/24/2011 - 07:02

    ( Posts: 5253 | Credits: )


    thanks guys. I figured a C&D was in order so I'm going to send it out today citing expired SOL in both states as well as dispute the debt. I don't know if someone could have used my son's medical card and received treatment with it. I know I was in the hospital in FL in December of 2007 (which is the date of service listed on the letter from NRA) so I'm wondering if that was meant for me but they sent it to him instead. Either way, neither of us owe the debt (I paid my co-pays in full when I was in the ER).


    lrhall41

    Submitted by anonymous on Fri, 06/24/2011 - 11:25

    ( Posts: 202330 | Credits: )


    You apparently have several legal issues to resolve before addressing their collection activities.
    How did your minor son contract for debt? Did you authorize through your insurance? Are you sure the insuror honored all debt?

    If the debt has not been reported to anyone's credit report, then the ability to contest the debt via the FCRA dispute process does not exist.
    You can send a DV letter to them, now that you know their name. That will at least give you the name of the asserted original creditor, which is where the real issue lies.
    By sending the DV letter, that acts as a "cease communication" bar against them until such time as they verify the debt. I would not send a total cease and desist letter to them at this point. Get what information you can before closing the door on them.

    Additionally, they were authorized to call you with regard to the debt.
    FDCPA 805(d) includes the parent of a minor as being the same as the "consumer" alleged to owe a debt, so they can communicate with you. Thus, their call to you triggered their requirement under FDCPA 809(a) to send you a formal collection (dunning) notice within 5 days of that call. That dunning notice must identify the original creditor.

    Again, I would not muddy the water with a cease and desist letter at this point.


    lrhall41

    Submitted by Lian on Mon, 06/27/2011 - 19:59

    ( Posts: 234 | Credits: )