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Can a minor child be sued for medical debt in Illinois?


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I was looking at the docket today and discovered three suits perfected in judgement against my daughter's name. All three were brought by midland. All were pushed through very quickly.

She was 16 when all the suits were initiated.

 

I am pretty paranoid about this,because I rebuffed a credit/debt suit from the same firm several years earlier.

 

She was never served,had she been, I would have defended her strongly. I have started research about quantium meriut and it scares the crap out of me.

 

Anyone have any experience?

 

 

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I was looking at the docket today and discovered three suits perfected in judgement against my daughter's name. All three were brought by midland. All were pushed through very quickly.

She was 16 when all the suits were initiated.

 

I am pretty paranoid about this,because I rebuffed a credit/debt suit from the same firm several years earlier.

 

She was never served,had she been, I would have defended her strongly. I have started research about quantium meriut and it scares the crap out of me.

 

Anyone have any experience?

 

NO a minor cannot be sued for medical bills because they cannot consent to treatment or legally sign the financial responsibility agreement, and you have a gold plated lawsuit against them for doing so.  The best way to handle this is to go to naca.net and find a consumer lawyer in your area to take this case.  The chances are REALLY good they will do it on contingency because Midland is going to be paying their fees.  DO NOT delay.  You also want to pull her credit reports because you will need them for the lawyer.  Midland has violated SO many laws with this one the payday could be quite large.  Consult a lawyer ASAP.

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Thank's for the replies guys!

 

I googled medical and minors what you need to know;

 

This is what I'm reading and it contends that you can do this. Quantium meriut is the noose/loophole these scumbags have used.

If these are what I think they are, they shold have been paid by insurance.

 

I won against two other JDB's on my own behalf. I can't get the credit score of a minor,so will be going down to the courthouse to examine the files. I'll also be talking to several lawyers as well. Thinking of a motion to vacate to start with.

 

The timing of this seems very personal. My daughter wants to go to college,and this could ruin her chances of obtaining loans.

I have not told her anything, she would freak out.

 

I'm glad I spotted them. This shows beyond a shadow of a doubt what scum JDB's are.

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Go here and find the attorneys listed under the plaintiffs. 

 

http://dockets.justia.com/search?parties=Encore+Capital&state=illinois&cases=mostrecent

 

Then go here and/or here and look up the cases. http://www.rfcexpress.com/search.asp   http://www.lawsuitdata.com/lawsuit-data/search.php?caseNumber=&courtCode=&natureOfSuitCode&dateFiledStart=&dateFiledEnd=

 

Most will be located under "consumer credit" or "other statutory actions". Find the ones with settled cases. You can also find more by looking for attorneys who have sued PRA, Calvary, AA and the other usual suspects. 

 

You can also register for an account at http://www.pacer.gov/ for more detailed info. Just don't go over the 14.99 per quarter limit or it will cost you. 

 

Based on what you have posted I'm guessing many will take your case and even pay your filing fees up front. Just don't let them sit out there too long, because the SOL is one year from the violation. 

 

Good Luck! 

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You can actually request a copy of a minors credit report if you suspect fraudulent activity or identity theft. There are certain steps you have to take to get the credit bureau to comply because they don't want just anyone to have this personal info, but they are generally more then willing to help parents protect minors

 

http://www.experian.com/blogs/ask-experian/2012/02/15/requesting-report-for-minor-to-protect-from-fraud/

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Thank's for the replies guys!

 

I googled medical and minors what you need to know;

 

This is what I'm reading and it contends that you can do this. Quantium meriut is the noose/loophole these scumbags have used.

If these are what I think they are, they shold have been paid by insurance.

 

I won against two other JDB's on my own behalf. I can't get the credit score of a minor,so will be going down to the courthouse to examine the files. I'll also be talking to several lawyers as well. Thinking of a motion to vacate to start with.

 

The timing of this seems very personal. My daughter wants to go to college,and this could ruin her chances of obtaining loans.

I have not told her anything, she would freak out.

 

I'm glad I spotted them. This shows beyond a shadow of a doubt what scum JDB's are.

 

There is one problem with the "unjust enrichment" argument they used:   minors by law are entitled to medical care and the parents are required to pay for it in most states.  The second problem is that legal basis is NOT legal in every state and if the defendant doesn't challenge it as illegal then the default judgment is entered.  Third problem:   even under unjust enrichment a minor cannot legally enter into a contract therefore there was no contract and they cannot be sued when they cannot legally be bound to the terms.  

 

Midland violated at least this section of the FCDPA:

 

Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:  (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. 

First:  they used sewer service to get a default judgment since clearly neither you nor her were aware of a lawsuit against her.  Next:  they may have used an illegal theory under the quantium meriut basis for suit and that should be pursued.  Possible fraud on the court as well.  It is unconscionable to sue a minor for a bill that their parents were responsible for.  

 

Once you are done with the attorneys and the case settles I would be sending a scathing letter to the physician who sold that debt to Midland that got her sued.  I would also file a complaint with the State Medical Board too.  Medical debt is almost never sold because it violates HIPAA too.  I would be filing a HIPAA violation against the provider for selling her medical information in violation of HIPAA.  MAKE SURE that your legal case is done before you do any of that so you don't jeopardize your case.  Then have a field day. 

 

Edited to add:  Oh and don't forget the Bar Association complaint against the bottom feeding law firm that filed the lawsuit against a minor as well.

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Guest usctrojanalum

a HIPAA violation does not provide a private right of action, meaning you can't sue a medical provider because they violated HIPAA.  You have to file a complaint with the OCR and they do an investigation as to whether a violation has occurred.  

 

Also selling of medical debt does not violate HIPAA either, since you do not have to release private medical information to sell a medical debt.  All you need is a date of service and amount due.  If it then gets litigated, an exception to releasing information under HIPAA is a collection of outstanding debt.

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Also selling of medical debt does not violate HIPAA either, since you do not have to release private medical information to sell a medical debt.  All you need is a date of service and amount due.  If it then gets litigated, an exception to releasing information under HIPAA is a collection of outstanding debt.

 

Actually selling it does violate HIPAA.  In order to validate the debt the JDB would have to have more than a date of service and the amount to validate.  The name of the OC could potentially release private medical data such as Farmington Breast Center or Duluth Cancer Treatment would violate HIPAA.  

The reason medical debt gets deleted when disputed is because the collection agency no longer has a business agreement with the provider and therefore cannot validate.  It has nothing to do with being a HIPAA violation UNLESS they validate when there is no current business relationship.  Once the debt is sold there is no more business relationship and the third party possessing your medical information is then in violation of HIPAA because they do not have a current business agreement with the provider.  

 

HIPAA is why you now see scrubbed entries on CRs that say "medical debt" instead of Frampton Orthopedics.  If the name of the provider would reveal what medical reason the debt is for that violates HIPAA and the CRA has to scrub the OC name.  

 

The problem for the OP is not the litigation and HIPAA it is the selling of the debt that led to the litigation.  

 

There are enough problems stacking on this suit that a HIPAA complaint is just one bullet in their arsenal.  Even if vague I would still file a complaint with DHS because this is an area of HIPAA that needs to be defined better as to what is legal and what isn't.  Banning the sale of medical debt and strengthening collection laws for providers when patients refuse to pay is sorely needed.  

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I have great news! I reviewed the files this morning and the cases were against another person with the exact same name.

 

Even thought this particular instance was not her, I will request a copy of her credit report.I just want to make sure she's fine. I have talked to my lawyer, and he assured me that these things do happen. I will keep an eye on docket as well.

 

My experience with my own cases JDB's can and will use anything they think will work. I was added to a judgement for an ex spouse where the lawyer produced my decree in an attempt to prove fraudulent transfer. Insulting and downright bad lawyering still took two years out of my life.

 

Thank you for the lively and enlightening discussion!

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I have great news! I reviewed the files this morning and the cases were against another person with the exact same name.

 

Even thought this particular instance was not her, I will request a copy of her credit report.I just want to make sure she's fine. I have talked to my lawyer, and he assured me that these things do happen. I will keep an eye on docket as well.

 

My experience with my own cases JDB's can and will use anything they think will work. I was added to a judgement for an ex spouse where the lawyer produced my decree in an attempt to prove fraudulent transfer. Insulting and downright bad lawyering still took two years out of my life.

 

Thank you for the lively and enlightening discussion!

 

That IS good news.  Definitely check that CR to make sure it didn't land there by error as well.  This is a great time to start teaching her how to manage her debt and monitor her credit reports so that she always has control in her grasp. Especially if she has a common name that could easily be confused for someone else.

 

Glad it worked out even easier for you.

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