Portland, ME asked in Collections and Consumer Law for Maine

Q: Doctor's office applied payments incorrectly; debt predates my 18th birthday. Steps to resolve?

I am facing an issue with my doctor's office regarding payment allocation. I have $1,047 in medical debt in collections, all incurred before I turned 18, which I understand is my parents' responsibility. However, I've been paying for my current medical bills as they come in, instructing the office over recorded phone calls to apply my payments to recent visits. Instead, the office applied these payments toward the collections debt. Now, I owe the doctor's office $371 for current bills, having unknowingly paid off a debt I believe isn't mine. I have notified the office of this misapplication, but they haven't resolved it, and my written payment intentions aren't formalized. I contacted the collections agency about the age-related responsibility of the debt, and they said they would request a removal, but there has been no follow-up. What steps can I take to address this misallocation of my payments for a debt that shouldn’t be my responsibility?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You should begin by formally documenting your concern with the doctor's office in writing, including a detailed explanation of the payment misallocation. Reference any recorded phone calls where you instructed the office to apply payments to your current bills. Request that they apply your payments correctly to the intended charges and correct the application toward the collections debt.

Since the debt in question predates your 18th birthday and is likely your parents' responsibility, you may want to send a written dispute to the collections agency as well. In your dispute, clearly state that the debt was incurred before you were 18 and that it should not be your responsibility. Ask the collections agency to confirm the removal of the debt from your account if they agreed to do so.

If these steps do not result in a resolution, you may consider filing a complaint with the Consumer Financial Protection Bureau or your state’s attorney general's office. They can investigate the issue and may assist in ensuring the doctor's office and collections agency correct their actions. You might also consider seeking legal advice to further protect your rights and ensure that your payments are properly applied.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.