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Wed 30 Mar, 2005 08:54 pm
I received a letter in the mail the other day addressed to Mo.
I am Mo's guardian, Mo is four years old.
The letter was a bill from a collection agency for $150.00. It seems to be for some kind of medical service.
The inside portion of the letter was also addressed to Mo's biological mom.
Mo has lived here for two and a quarter years and I know for sure that he has not incurred any debt during that time, for medical services or anything else.
Would a collection agency wait for more than two years before trying to collect a debt?
How in the world did this company get my address?
Is this something that could come back and haunt Mo sometime in the furture?
I'm not only speechless, I'm thoughtless.
Do you have any suggestion on how I should deal with this?
Someone gave them your address as Mo's new address.
Who?
You could probably find out where they got the info through some kind of freedom of information request as Mo's guardian.
My only guess is that they got the address from court records when we filed for legal custody.
But would a company wait that long to go after a collection?
Honestly, I'm not so worried about the $150.00 but I know that she has larger debts (Ifor example, I know that she defaulted on a car lease) and I won't even hazard a guess about bio-dad (who knows my address and I have no idea where he is).
I don't want to set up any assumption that I'm responsible for their debts.
Surely they aren't holding Mo responsible for this debt.....
Or are they?
Are there any contact numbers in the mailing? Can you call the collection agency and ask about the bill?
If it was addressed to Mo's mom, I think that's the most important part. Mo's mom, not Mo, with someone giving your address when they shouldn't have.
Man, if it's not one thing, eh?
Yes, there was a contact number. When I showed the bill to Mr. B he became a little....... upset..... and I think he threw it away. He insists that they can't hold a child responsible for bills owed by his parents.
I can dig around and see if I can find it though. I'm sure I'll be hearing from them again in the future.
I really don't want something like this following Mo around.
It's really weird that they would address something to him. I wonder if they have his name and his dad's name confused.
I suggest you call them from a pay phone.....
I agree with Soz, it's addressed to Mo's mom, not you, not him. Not your problem (or his).
No - it was addressed to Mo.
His mom was addressed on the inside of the letter:
Ms. Mo's Mom and Mo,
blah blah blah.
Oh.
That ain't right.
I'll step back and let more legal types comment though, all I can say is talk to a legal type.
Yeah, that ain't right.
Not right at all.
I don't imagine the collection company has any idea that they are writing to a four year old child.
But something goofy is happening and I want to make sure that it doesn't haunt Mo.
Also waiting on the legal types, but I doubt Mo has legal capacity to incur debt at his age. If biomom authorized treatment, she would be responsible, I'm sure, and no one else.
I bet Mr. B did exactly the right thing with that letter.
If you're worried about this hurting Mo's credit report in the future, I'm 99% sure it absolutely won't. Mo doesn't have a credit report yet, and I don't believe(sorry, he/she) will have one until Mo is 18. Besides, that bill will be so old by then, there's no way someone's going to still be reporting the debt to credit bureaus.
I would call and find out what it's all about, then decide whether it's worth paying. If it's not under your name, and it won't hurt Mo's credit, you may be able to brush it under the rug.
The rug sounds like a very nice place for this all to be, Slappy.
But if this kind of stuff is happening now there is the possiblity that it will happen in the future and I want to make sure that Mo's (he) parent's don't manage to wreck things for him.
And that's why I worried about putting the letter in the trash.
Even though that probably is exactly where it belongs.
Boomer--
Mr. Noddy has a very colorful extended family. This extended family has an assortment of interesting problems. In dealing with these problems, I've dealt with collection agencies.
In the dead of night--some night before garbage pickup--creep down and go through the wastebaskets to find the letter. If you can't find the letter, don't worry. Collection agencies do multiple mailings.
If Mr. B. rises up from behind the library desk and shouts, "Aha!" tell him that you are putting the letter in the custody file. All is grist to the mill.
First thing to notice: The date of the medical service. Who had custody of Mo at the time?
Call the nice people. They will not want to hear that Mo is four years old and that you have no intention of paying the bill. They will want to hear that when the bill was incurred Mo was X years old. Even more they will want to hear X years old and living at your address.
No, you do not want to settle for so much on the dollar. You want to know why they are threatening a baby with non-payment of a debt.
Put on your most fetching nightie and creep downstairs when the owl croaks twice. Scotch the affair in the bud, forsooth.
Children under 18 cannot sign contracts in this country, and any bills directed to them cannot be collected.
boomerang wrote:I don't imagine the collection company has any idea that they are writing to a four year old child.
A collection agency is trying to collect a debt from a 4-year-old? File a complaint with the state:
http://www.doj.state.or.us/FinFraud/welcome3.htm
http://www.fair-debt-collection.com/attorney-general.html
cicerone imposter wrote:Children under 18 cannot sign contracts in this country, and any bills directed to them cannot be collected.
Minors may enter contracts, however, there are special rules that apply. See e.g.,
http://profj.us/wlac/capacity.htm
Debra, As I thought further about what I posted, I thought about child actors and their signing of contracts, but I didn't know the fine print of the requirements. I took a business law class over forty years ago, so some things more than likely have changed.
I'm of a similar mind, Noddy. Ignoring it doesn't seem like the right thing to do and I worry that not responding will encourage them to intensify their efforts.
If I can't find this letter I'm sure Mo will get another. If things start getting wacky I most certainly will report the company, Debra, but I think they deserve the chance to know that they are billing a four year old.
Because really they can't know that's what they're doing.
Boomer--
They are trying to get money from someone. Mo's "real" mother doesn't have any money--but she wants them off her back. Therefore the Bill Collector is writing to you.