14 year old minor child was put in collections???

[2Bshinyandnew]

Can a medical/dental HMO provider send an account in the name of a minor to a collection agency?

The provider was an HMO provider who "verified benefits" prior to the appointment.

[LegalBeagel]

It really wouldn't do them any good since they can't sue the minor. Now, if a parent signed as a responsible party, then technically they could sue the parent. The parent could also be held responsibile for what are called the "necessaries" of a child, but I don't think the average collection atty. would ever try that: they like simple and fast cases.

Do you have appeals rights with the HMO to try to get this solved?

[2Bshinyandnew]

It really wouldn't do them any good since they can't sue the minor. Now, if a parent signed as a responsible party, then technically they could sue the parent. The parent could also be held responsibile for what are called the "necessaries" of a child, but I don't think the average collection atty. would ever try that: they like simple and fast cases.

Do you have appeals rights with the HMO to try to get this solved?

I'm not sure if the appeal rights time limit has lapsed or not, It's been a year and my kids no longer have that policy. I guess my son's dad was receiving the bills and ignoring them. The policy was an individual policy, in my son's name. I did not sign any guarantee of payment. I scheduled the appointment with the HMO dentist and as agreed with my son's dad, gave dads address as billing address, my address as my son's home address.

I guess when the account went to the collection agency, the collection agency decided to send notices to my son's address? This collection letter is the first I have seen of anything from this office.

The outstanding balance is $107.00

We are most likely filing BK in the near future anyway, I just thought it was odd that the collection agency would even accept the account in a minors name. Not to be pissy, but the dentist's office had a good 3 weeks to verify benefits, and the HMO paid my daughter's claim, so

[treehugger1]

I'm assuming you are divorced or legally separated. Do you have a divorce/separation agreement that speaks to responsibility for the child's healthcare? If so, that party should antee-up and inform the CA that they are responsible. I see no reason to ignore a potentially future issue for the child. Someone other than the child needs to accept responsibility for the debt and inform the CA to make appropriate changes in the credit reporting.

[justbroke]

It's absurd, anyhow, to attempt to collect a debt, from a minor.

[BigJohn]

Being the original creditor was a dentist, I would suspect that is where the problem/blame belongs. I would ask for verification of the debt and all the charges made by the dentist so you can audit the account.

I have had a terrible time with dentist trying to overcharge me.

[Aaaaah!]

My sister got a collections notice from her doctor a year after treatment. Seems his office delayed in sending the necessary reimbursement forms to the insurance company and they said "we don't pay after 6 months" so they started coming after her. [insert eyeroll here]

[treehugger1]

The CA probably has no idea that the account is in the name of a "minor." The CA's job is to attempt to collect on a debt that was assigned or sold to them from the creditor (dentist, in this case.) Absurd as it may seem, someone responsible needs to call the CA and take the responsibility for the debt. You can ask for debt validation all you want, but it appears that the debt is valid. So, take the future burden off the child and SOMEONE step up and assume the position of responsible party! If your interest is in protecting the child, has anyone called the dentiist and asked that he/she be held responsible? Has anyone called the dentisit and requested that all reference to the "debt" account be switched to his/her name?

This is a bankruptcy forum with some commentary toward collections, news, etc. While the responsible party may be filing BK in the future, they should first act to assume the child's debt as their responsiblity. While I understand that dental billing can lead to potentially grave errors, this does not solve the problem that the debt is currently with a CA. An adult needs to step up.

Sorry, but I am flabergasted that the issue seems to be "whether or not a CA can hold an account on a minor." They obviously do! Fix it! Someone needs to get this debt out of the minor's name and into their own. The only thing a DV will do is show the debt is legititmate!

Just my not so humble opinion. TH

[2Bshinyandnew]

Obviously I am trying to fix it, I just received the very first notice that this debt was owed today. I am separated, and the temporary support orders did not address this kind of issue since the kids were both on medical/dental HMO's with no out of pocket expenses expected as long as you used HMO providers, which I did do.

I was pretty shocked to open the letter addressed to my son from a collection agency. I thought surely an account sent to a CA would include a date of birth for the debtor?

My soon to be ex and I are most likely filing for BK in the future and I was/am still unsure whether to contact the debt collection agency or the dentist. Of course I want to clear up the case and get it out of my son's name, but I want to do it properly. My son did have insurance at the time, an HMO. I'm not sure whether to call the dentist and "take responsibility" for something that is most likely an error on their part. Clearly, their billing people don't know what they are doing since they managed to get my daughter's claim paid, and my son's was not. I'm thinking I should send a letter to the dentist advising that they have put a minor child in collections and his parents are in he process of filing for BK, so any collection efforts are futile, but please get the debt out of my son's name?

Maybe I should contact the CA and let them know they are trying to collect a debt from a minor? I have never dealt with anything like this before and don't know the implications. I don't think the dentist has my son's SS# since the insurance ID is not his social.

[Tbornetun]

Call the CA, tell them they are attempting to collect from a minor and then ask them to verify the information they have for the debt. DOB, SSN, etc.

It may be able to be solved fairly quickly.

[treehugger1]

Great move on your part. You SHOULD tell the dental company that they have placed a minor in collections. At the least, they might send the debt to a CA in the name of a responsible party. I didn't mean to sound derogatory, but my concern is that a CA had an account in the name of a minor. This needs to be fixed by someone who is not a minor.

[BigJohn]

Obviously I am trying to fix it, I just received the very first notice that this debt was owed today. I am separated, and the temporary support orders did not address this kind of issue since the kids were both on medical/dental HMO's with no out of pocket expenses expected as long as you used HMO providers, which I did do.

I was pretty shocked to open the letter addressed to my son from a collection agency. I thought surely an account sent to a CA would include a date of birth for the debtor?

My soon to be ex and I are most likely filing for BK in the future and I was/am still unsure whether to contact the debt collection agency or the dentist. Of course I want to clear up the case and get it out of my son's name, but I want to do it properly. My son did have insurance at the time, an HMO. I'm not sure whether to call the dentist and "take responsibility" for something that is most likely an error on their part. Clearly, their billing people don't know what they are doing since they managed to get my daughter's claim paid, and my son's was not. I'm thinking I should send a letter to the dentist advising that they have put a minor child in collections and his parents are in he process of filing for BK, so any collection efforts are futile, but please get the debt out of my son's name?

Maybe I should contact the CA and let them know they are trying to collect a debt from a minor? I have never dealt with anything like this before and don't know the implications. I don't think the dentist has my son's SS# since the insurance ID is not his social.

It sounds like you are almost over your head.

If I were you, I would like at the dental bill as a way dentists make extra money. Yes I know it is unethical and illegal, but generally most people pay so it is a win win situation for dentist who do this to their patients.

I would contact your state's Attorney General and file a complaint with the dentist and the Collection Agency.

I would also file a complaint with the Better Business Bureau against the dentist.

I would also write a letter to the dentist demanding records so you can audit the account. Don't be surprised if you find out the dentist overcharged you a few times.


I would also contest the charges from the collection agency.

[treehugger1]

I will guess that the collection agency is local and they know the laws related to validation, etc. My biggest concern for the OP is the child's name appearing on the collection account. This should be rectified asap. If the account is valid, and the parent recognizes the validity, then someone should move to "take on the debt" and clear the record on behalf of the minor. As always ( and unfortunate) the burden of clearing the collection report will be on the debtor, regardless of the legal and philisophical debate.

[2Bshinyandnew]

OK. I wrote a letter to the CA, which is based out of Ohio. I'll send it Signture and RRR. I know it is kinda "wordy", but I tried to turn what the were saying back on them.



Today, I will call the dentists office and explain I am the parent of XYZ advise them that their collection attempts were directed at a child, which is not a good thing. I suspect they have been sending payment notices to my ex, or tried to (he's moved twice since last year). I will ask if they could resubmit the bill, and from now on to send any communication to "The Parent or Guardian of XYZ" (which they should have one from the start), at my address. I'll try and call the ex, but I doubt I will get anywhere. I'm hesitant enter into any sort of payment arrangement since my ex and I will be filing BK7, (he in the next 4 weeks, me next year) we have a final hearing on our divorce in December, which should sort all this out. My divorce attorney says don't pay anything to health care providers, not even a $1. There are so many variables here! Hopefully, this will stop any collection efforts against my son. Any suggestions are welcome!

[Flamingo]

I just briefly read all the above. Your son was listed as a dependent on a dental policy taken out by your ex or obtained for him by your ex. The entire thing should be easily taken care of with no detrimental effects to your son as to his credit. Since the policy was taken out by your husband (he obviously had to sign for it), the entire thing is his responsibility to get resolved. Even when there is divorce/separation going on and adults always disagree or fight during that time, when it comes to the situation of an involved child it is aliways best to try to sit down and discuss the child's situation normally as the issues do not pertain to either one of you. This is a simple matter to handle and it should be able to be resolved quickly.