Expert: Apex Credit Services, LLC - 1/22/2008

Question
last year my son had a knee surgery. He was 17. I had to sign as responsible person. Dr. prescribes a brace. Salesmen calls, I asked twice what the price was and he said all I'd be out was a couple hundred dollars, insurance would pay rest. Went to Dr. to get brace. They wouldn't tell me cost, but said he "really" needed it. Ok. Now they are billing me $1700 after insurance pays ~$400. Trying to collect from son. Got brace just after he turned 18 and no more paperwork was signed.
A). Is he responsible or me?
B). Did they violate a "disclosure" law?
C). Is there some "deceptive trade" issues?
I've tried to call them to set up some kind of arrangement, maybe partial or installments, but no one ever answers phone. Letters are threatening "collections" now. Should I fear that too much?


Answer
John:

    If the brace was purchased when your son was a minor, then you as his guardian are responsible under the basic principles of contract law.  However, if he obtained or continued to use the brace after turning 18 then he has ratified the contract and he is responsible in a legal capacity.  However, in said legal capacity he would only be liable for the actual value of the brace rather than the contract price.  This falls under what most jurisdictions phrase as the doctrine of necessaries.

    As a private matter however, they will likely come after you if you signed off on anything or he was an insured on your medical insurance policy.  I cannot speak to whether or not they violated a disclosure requirement or UDAP provision under state law (though they likely did) insofar as that varies by jurisdiction.

    Finally, yes, you should be concerned if they hand the matter over to a third party debt collector insofar as they could report it on your credit report (or potentially your sons) and they would have the option of instituting a civil action against you although you seem to have some affirmative defenses and perhaps, counter-claims.

          Apex Credit Services, LLC