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Debt of a 5 year old child, 16 years later


auntieskitchen
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Hi. I am new to this forum. :DTHANFULLY:D I found this forum yesterday and have spent all of my spare time researching through it. I am confident I have overlooked the answers I seek since it seems that everything a CA could do has already been done but I guess being upset over the problem has me a little distracted.

This problem occurs in South Carolina with the CA being in TX. In 1991 a 5-year-old child had her tonsils removed in a hospital. The bill was covered by Medicaid. The hospital accepted Medicaid. Nothing ever was said about any amount owed. There were never any bills from the hospital.

Fast forward to the present. Three months ago the child, now 21, received the first of many calls from a CA DEMANDING payment in full (I am not sure of the exact amount - somewhere around $800 - it has changed up/down two times.) She is being hounded by a CA for the part of the bill "not paid" which seems to be the "write-off" amount and possibly an additional amount, even though there was never any bill from the hospital at the time. The CA stated that the bill is HER responsibility even though at the time of the surgery any bill would have been the responsibility of her parents. Her parents have not received any bill from anyone re this.

It took her weeks to find out what the supposed bill was even referencing. All the CA has done is call, scream, threaten, hassle, and demand payment in full to them right now; never saying who the creditor is/was.

She contacted the hospital but (1) they have no available record of any bill owed nor (2) do they have a record of the initial bill at all. They have to go through the archived records. That will take awhile. She is to allow them at least a month.

She has assured me of the following:

1. She has NOT promised any payment.

2. She has NOT given any banking info.

3. She has NOT made any payment.

So, for THE questions: What can she do to put a stop to this?

If there is any information you need to help answer this please let me know - I know I ramble and get sidetracked! Family characteristic I am afraid - totally genetic!

Please understand, if she legally owed any money I would do everything I possibly could to help her, BUT, I will do nothing to encourage the attacks of this shark! I just don't think she does honestly owe anything AND I don't like someone (CA) treating people that way - it makes my blood boil!

All of this occurred just as she was getting ready to purchase a car. Now she has a "negative" and little positive, just bank account.

Thank you in advance for all of your help. Auntieskitchen

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#1 If the child was on Medicaid, nothing is owed.

#2 If you have not read the primer, I suggest you do so (it's a sticky).

#3 The CA needs to be DV'ed

editing to say: In my rush to post, I forgot to mention, this alleged debt is SOL. They can't pursue it anyway.

Hope this helps,

Renai

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Welcome- I know EXACTLY what you mean about spending all your spare time reading!!

I'm sure there are more knowledgeable folks who will jump in with advice, but just at a glance from what (little) I've learned from reading so far- this sounds completly out of whack to me. It's a sixteen year old debt!! Plus she was FIVE at the time!

You really need verification, in writing, of what this debt is, to whom it is owed, and when the alleged debt occurred. There's info on the website and in the primer (urls below) on how to do this. You/she ALSO needs to write a C&D letter to the CA (not sure where to find that but you can do a search for C&D or Cease and Desist) and don't talk to them on the phone at all. You should also keep track of all the threats- sounds like there are multiple violations happening.

Read through the website, especially the debt settlement & dealing with CA sections: http://www.creditinfocenter.com/debt/settle_debts.shtml There is good info in there about what CAs can and can't do, and what your rights are. There's also a good primer on the forum here: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=263069

Good luck, and don't worry too much.

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Is this child yours,a relative? At any rate there is just so much wrong here.

First of all a medical provider cannot bill a Medicaid recipient for anything ever unless there was perhaps a share of cost involved. Even if there was this debt is way past the SOL. It is also past the point of being legally reported to any CRA.

Your relative (?) needs to contact the hospital and tell them to call of the CA as it was a mistake on their part to turn this debt over to them due to the fact that it was a Medicaid account.

Then contact the CA and tell them never to contact the relative, or whoever it is, again as this is past the SOL.

There is nothing this CA can do which is why they are yelling, harassing etc...

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First, don't waste your time with this CA. Invoke your (your neice) rights under FDCPA and send them a C&D. If they continue to harass you/her, deal with that when it happens.

Second, with respect to the CA's allegation that the debt is hers; it is not. The CA is wrong, as usual. At five years old she cannot enter into a legal agreement. Simply becoming an adult does not make her liable for a contract she entered into as a minor unless she ratifies it after reaching the age of majority. But this situation is ridiculous. She is no more personally liable for a medical procedure performed on her at five years old than your cat would be liable for a vet bill. It's simply ridiculous. I'd like to know the name of the CA who is calling you.

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Definitely time for the cease and desist FOAD letter. The SOL in SC is THREE YEARS - so this debt is long past the point where it's legally enforceable.

Your niece needs to send this letter certified, RRR and keep copies of everything. She should also file a complaint with the FTC for the CA's violations and file a complaint with the SC Atty. General's office.

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If this debt is on the niece's credit reports, I would forget the FOAD, I would forget the VOD and I would go straight to the ITS letter.

The debt is WAAAAY past SOL in not only SC but in just about every state.

the debt is WAAAAY past SOL for credit reporting.

The OP has outlined at least one FDCPA violation and at least one FCRA violation. Can we hit the trifecta with a HIPPA violation?

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It is on her credit report. I forgot to ask her the name of the CA. I will do that tonight.

I have composed a letter for her to send to the hospital giving them two weeks to get this corrected, off of her credit reports AND a copy to her; as it is their can of worms in the first place.

I am slow to respond to your messages because I have a mild case of whiplash from bouncing from one page to the other to read the messages -- it takes these old eyes a while to decipher:

ITS HIPPA OP

CA DV'ed CRA FOAD

SOL VOD trifecta RRR

FTC ASSetCLOWNS FCRA, FDCPA, C&D

into English!

"Thank you" to each of you for the way you responded and for all of the information. I truly believe that she will be able to get this resolved (hopefully quickly) with the information you have given. Again, thanks!

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