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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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My son in law broke s leg when he was 13 s mom never paid

Customer Question

my son in law broke his leg when he was 13 his mom never paid the medical bill he is now 25 and everytime he tries to get a loan these medical bills come up on him that he owes for this can they do that? shouldnt this be on his mother?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Andrea, Esq. replied 1 year ago.

Welcome to JustAnswer, I will be glad to Answer your question and all that I ask in return is that you leave a positive rating so that I receive credit for assisting you. You have already placed a deposit with JustAnswer and a positive rating will not cost you anything additional, but without it, I will not receive credit for my time and effort in assisting you, Fair enough ?

ANSWER - a Parent is legally liable for payment of all necessaries of their minor child (or, children). A "minor" is any child under the age of 18. "Necessaries" include, but are not limited to, food, shelter, clothing, and all medical care which the minor child might require. If the parent fails to pay and provide these necessaries for the minor child, the provider can sue the parent for payment and if the parent does not pay, the provider's recourse is to sue the responsible parent for payment and the judgment will remain against the responsible parent until the parent pays the provider. The amount of the obligation is not recorded against the minor child, nor can the minor child be sued for payment. Furthermore, the obligation cannot be enforced against the child, even after the child has reached 18 years of age. The obligation is enforceable against the parent of the minor child and does not become an obligation of the child, even after the child is no longer a minor.the provider of the child's necessaries is not permitted to enforce this obligation against the minor. Your son in law must make a demand in writing on the medical provider to cease all attempts to collect any money from him because the debt was never an obligation of your son in law. The language of the letter must state in no uncertain terms that the provider or the collection agency must stop all attempts to collect payment for this bill from your son-in-law and if this matter appears on the public record as a debt of your son-in-law, it must be immediately removed. There is no question in my mind that this has had a negative effect on your son-in-law's credit and caused the denial of credit to your son-in-law. This issue should also be addressed in the letter and if he was denied credit, he should make a claim for money damages in the letter which will be sentto the creditor who is trying to collect this debt from your son-in-law. If you would like, I can send you JustAnswer's "Additional Services" offer and it will be up to you whether you would like to take advantage of these additional services and have me draft the letter for your son-in-law to sign. The letter will have all of the necessary and appropriate language and demands for monetary damages, so that the creditor will know that although your son-in-law signed it, the letter was, in fact, written by an Attorney.

Please ease be kind enough to leave a Positive rating. You have already made a deposit with JustAnswer and leaving a positive rating will not cost you anything additional, but it is the only way that JustAnswer will give me credit for assisting you.

Positive Feedback and Bonus are very much appreciated, Please feel free to ask any follow up questions for clarification,

Kindest Regards,

ANDREA

Expert:  Andrea, Esq. replied 1 year ago.

Is there anything you would like me to explain or clarify ? If not, please be kind enough to leave a positive rating for my assistance. You have already placed a deposit with JustAnswer, so leaving a positive rating will not cost you anything additional, but without it, JustAnswer will not give me credit for Answering your question, Thank you for understanding,

Kindest Regards,

ANDREA