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Debt Collection Notice Against a Minor


madhatterbb
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My question involves collection proceedings in the State of: WA

The back story:

Almost 7 years my wife and our son were involved in a car accident. My wife and I paid all of the medical bills before settling her claim against the other persons insurance company. We were under the impression that all of our sons bills had been taken care of either by PIP or by us paying them directly. We still haven't settled our sons claim with the other persons insurance company, because we wanted to make sure there weren't any long lasting medical issues. My son did have a lawyer representing him, but doesn't currently.

The current situation:

The other day we received a notice addressed to our son from a collection agency stating that there was an outstanding bill that they intend to collect on. This bill includes about $2000 in charges and another $1500 in interest (12% from RCW 19.52.010). To the best of our knowledge we never received any bills from the company in question, and we never remember making any payments to them either. Going back through the paper work from the lawyer I did find a list of visits from this business and some chart notes but nothing else.

I believe this debt may be valid, however I have a problem with the 12% interest they are attempting to charge. Like I stated before we paid all of the bills we received ourselves, and had this business sent us correspondence we would have likely paid it also.

My Questions:

1. I plan on requesting validation of this debt from the collection agency should this request come from my son or from me as his parent?

2. From what I have found the statute of limitations in Washington would be 6 years. Doing some reverse math on the numbers they sent they are charging interest for about 6.5 years. The last appointment from the list I found in the lawyer file seems to be about 6.5 years ago. Is it correct to use the last visit date for the start of the statute of limitations and assume that the statute of limitations has passed?

3. If I am correct in assuming that statute of limitations has passed should I state that in the validation request, or should I wait till I receive the validation response?

4. Any other information/help on this matter would be appreciated.

Thank you,

Thomas

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Almost 7 years my wife and our son were involved in a car accident. . . . We still haven't settled our sons claim with the other persons insurance company, because we wanted to make sure there weren't any long lasting medical issues.

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The other day we received a notice addressed to our son from a collection agency stating that there was an outstanding bill that they intend to collect on. This bill includes about $2000 in charges and another $1500 in interest (12% from RCW 19.52.010).

You're right to be concerned. You need a lawyer.

How long before your son reaches age 18? Even though the statute of limitations may be tolled as long as he is a minor, the more time that passes, the more opportunities the insurance company will have to claim the injuries were caused elsewhere. Witnesses will disappear, records will be lost or destroyed, recollections will fade.

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Thank you for your reply.

My Son is 9 now, but really that isn't important except to the possibility that the SOL would be tolled because we haven't settled. Would the SOL even be tolled because we haven't settled, or because he is under age? What about my other concerns how to respond to the collections?

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What about my other concerns how to respond to the collections?

I believe if you retained a personal injury attorney on behalf of your son, the bills would be non-issue. The at-fault carrier needs to compensate you. They're happy to "negotiate" or wait until the next ice age, meanwhile, you and your family suffer.

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I believe if you retained a personal injury attorney on behalf of your son, the bills would be non-issue. The at-fault carrier needs to compensate you. They're happy to "negotiate" or wait until the next ice age, meanwhile, you and your family suffer.

I worked insurance claims for over a decade. I can assure you everything you have been told is correct. The longer you wait, without perserving the evidence, the harder it can get to prove your claim.

Not to sound mean, but your idea of perserving the evidence and what it really means or what a court will consider, are probably a lot different.

And boy does this sound terrible, but it's the truth. The longer you wait the more chance anything else might happen that could do away with this claim.

People that have just run of the mill back injuries or even a bruised up a little, in my opinion, do themselves a diservice running to an atty. It is usually the doctor (term used loosely) and the atty that get paid and the person does get paid but if you add up all the time they spend, it's not worth it.

However, on claims like this, you really need an atty, and not one that smiles on the back of a phone book holding a check for 100K or dances to the tune, in a commercial, "If your hurt in a wreck, you need your check."

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What about my other concerns how to respond to the collections?

You get an atty involved, the medical providers will put a lien on the settlement. They then know they will be getting paid so the collections will ease up big time. Also your atty can field those calls and letters.

Trust me, they don't want to sue a person that rolls their 9 year old son into court and try to explain why they could not wait until your son was better to be paid.

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