Debt Collectors Calling for a Minor?

Updated on June 22, 2011
E.D. asks from Olympia, WA
28 answers

My three year old (four soon!!!) niece has lived with us for 11 1/2 months now. Before that, she and her mother, my sister, were living with my mom. They lived there for three months. My sister has not lived with my mother since April of last year. Creditors are calling for my sister and have been for over a year now. Not a big deal or surprising.

But, recently, different creditors have been calling and asking for my NIECE, saying SHE is in debt and owes the collections agency. My mom has told them that my niece is a.) three years old, b.) doesn't live at that residence, and c.) is not financially or physically cared for by her bio parents. They still call and hound my mom for info, but won't share information with my mom about what (or how), exactly, they are trying to collect on. My guess is that it is a medical bill, and in the process of the hospital/doctor trying to bill my niece's bio parents, they mixed up the names and it ended up in my niece's name? Is this even possible?

Apart from it being both ridiculous and a nuisance (for my momma), which she can ignore, I am concerned that it is possible for a minor to (unknowingly) assume the responsibility of her parent's debt. Does anyone have experience in this area?

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So What Happened?

Thank you all for chipping in, I did not expect so many helpful responses!

My mom and I discussed the idea of identity theft and/or her parent's using her info to open accounts, but thought that it wouldn't be possible because if an SS is connected to a person who is clearly under age, that SS number (and associated info/person) would not be approved for a credit card when, by law, a person has to be 18 to get a credit card. Am I mistaken? We had thrown out the idea of identity theft with that reasoning.

ETA: Shoot, I feel like a real blockhead, not realizing the potential situation. I really appreciate your feedback and am glad that I posted. I've never dealt with anything of this nature, so I just didn't think it through I guess. Thanks again.

ETA: Again, thank you all. I will take your advice and look into this, ask for records, place blocks (to the best of my legal ability), and have shared all of your advice with my mom so that she is more prepared when they call.

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R.C.

answers from Seattle on

I have a friend who had that happen to him, his credit was ruined as a child because his mom took out credit cards in both him and his brothers names. So I have heard of that happening, and its worth looking into. Maybe you could request a free credit report for the child and see what it looks like. If there are accounts open in the child's name then you will know. It also may be another case of identity fraud not involving the parents but my first guess would be the parents because of what happened to my friend. Good luck! That sounds like a headache.

1 mom found this helpful
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E.M.

answers from Honolulu on

ID theft can happen regardless of the SS number holder's real age. They are already claiming that the SS is their own, why not change the year?

1 mom found this helpful
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C.R.

answers from Seattle on

Eek! Stolen identity red flag... I've heard of this happening. Especially if parents aren't necessarily careful with her information, it could happen. Ask for proof of debt.

1 mom found this helpful

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S.B.

answers from Redding on

You need to report this.
Straight up.
No minor can be held responsible for a debt and it sounds like identity theft.
OR someone trying to get info so they CAN steal identity based on info given.
You have to be very careful these days.
This happened to me.
I responded by asking as many questions back as I was being asked.
What is the name of your company?
What is your name? Your title? Your extension?
What is the name, title and phone number for your supervisor?
What is your physical address?
What is the account number you are asking about?

SAY, "I need to write all this down so I can get back to you."

When you do that, chances are, they will hang up on you if they aren't legitimate.
If they are legitimate and they will give you that info WITHOUT YOU giving any information, you can report what they tell you regarding identity theft.

You can also contact your local law enforcement agency because many times people will target people in a certain area.
Either way, you know a young child is not responsible financially no matter what their parents do.

Fire off questions and let them know you're writing it down.
Report it.

Sorry and best wishes.

OMG!
Just saw your update.
NEVER assume it's not possible for identity theft.
I've worked in insurance and at a hospital and you would faint if you knew how many people use SS numbers for people who are dead let alone minors. I've seen it happen when people are trying to get medical care under a different social security number.
It really does happen. Don't assume it can't.

3 moms found this helpful

R.D.

answers from Richmond on

Sounds like someone stole her identity... check it out ASAP.

2 moms found this helpful
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D.S.

answers from Houston on

let them sue her and see how stupid they look infront of the judge :) either way its identity theft.

2 moms found this helpful
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S.O.

answers from San Antonio on

It is possible there is a mix-up. But it is also possible that her identity was stolen, or someone falsely used her name on financial records.
The next time someone calls, ask for a copy of the record they have.

Do not give them a lot of extra info. Look up the Fair Debt Collections Act or see daveramsey.com for pointers.
I don't think you can reason with a collector, but you can ask to see proof of the debt. You have that right.

Good luck.

1 mom found this helpful

M.P.

answers from Provo on

She's a minor, she can't have debt. When my brother started working for a clothing company and was illegally signed up for their credit card, he was 17. When he didn't pay on them, collectors of course started calling. My dad played papa bear and threatened with laywers and that since he was a minor, and was signed up illegally by his then boss, he wont pay a cent. Haven't heard back from them since. That was 3 years ago.
Oh and yes, my son's identity was stolen when he was 6 months old. That was a doosy to clear up. I would try and somehow get a credit check on her and freeze her social security till she needs it.

1 mom found this helpful

J.S.

answers from Jacksonville on

Sorry to repeat if I am. What you could do is call the credit agencies,Transunion, equifax, and Experian. Explain to them what you just explained to us. They should be able to help you figure out what is going on. This will also help her when she gets older, if they ruin her credit now it will be a nightmare for her when she does come of age. They can also flag her social security number to make sure that there is no further debt taken out in her name. Credit Card companies are the worst when it comes to this type of thing. They are usually pretty ready to hand out a card to anyone. We had this happen in out family, they just sent the cards to whatever address what given despite half the info being wrong.

1 mom found this helpful
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J.N.

answers from Seattle on

My first thought is identity theft. Could be that her mother used her name and social security number to get credit. Or someone else stole it. I saw a story about a toddler whose identity was stollen on the news. Unfortunately, you will have to clear it up or it will ruin your neice's credit as an adult or even trying to get student loans as a college student. Call the credit reporting agencies and find out. They can put a hold on your neice's credit and not allow any credit to be issued to her name while you sort it out. Crummy stuff.

1 mom found this helpful

L.P.

answers from Pittsburgh on

Ephie,

I know you already got good responses to your question, but I had to share this link with you... I actually just saw this recently, and found it alarming, and here you are, potentially facing this EXACT situation... hope you can get this sorted out, and it is just a clerical error, but it doesn't look good...

http://redtape.msnbc.msn.com/_news/2011/04/01/6502565-rep...

1 mom found this helpful

D.G.

answers from Lincoln on

I would be afraid it's some kind of identity theft. I've heard of children's info being used and their credit being ruined as minors.

updated - http://journalstar.com/news/local/crime-and-courts/articl... it does happen! please get it reported and protect your niece!

1 mom found this helpful
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K.S.

answers from Portland on

Ephie, I know you've already gotten good advice on this. I just wanted to add an extra bit. After you've had the credit agencies put blocks on her information, you should check her report each year (you can get a free report directly from the agency each year--no need to pay for any service). After seven years, the negative credit information should be dropped from her file. If it isn't, you can help her by contacting the agencies to get it taken off. By the time she is 18 and can apply for credit on her own, she will have a blank slate to start with if you help her.

1 mom found this helpful
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M.S.

answers from San Francisco on

Is it possible the parent put the child's name down as the person to assume the debt because they are in financial distress themself and can not take on any more debt??? I would document each call and get name, time of call and number and what it is in reference to and send a letter to each one stating that it is Ilegal to solicit a minor for repayment when they aren't capable. This is a 3 or 4 year old child! They can't do this. You send letters and threaten to bring them to court for harassment if this continues. Best wishes.

M

1 mom found this helpful
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C.B.

answers from Seattle on

I used to be a legal secretary for a debt collection agency so I think that I can help you here. First, if your mother clearly states that she does not want the agency to call her number anymore, under the FDCPA which governs collection agencies, they have to stop calling. If they do not, she needs to record the call and report them to the FDCPA. Both the collection agency AND the agent will face fines. It is possible that there is identity theft going on here but it is also possible that there is a simple data input error or (more likely) just an agent who isn't reading the screen correctly. You can request proof of the debt from the agency but you'll want to send them a certified letter to that effect. If you can't prove it, they will probably ignore it. Beyond calling you, there is not much that they can do on this debt in terms of your niece. In order to sue her, they would have to first serve her. In order for service to be valid, they would have to serve either her (which they cannot b/c she is too young to legally accept service) or someone who is 18 or over at her residence, at which point you would go before a judge and tell them that she's a minor. By the time she is old enough to use her credit, the SOL on credit reporting will have passed. It's still a good idea to investigate the possibility of ID theft but, even with proof of the debt, it sounds like you wouldn't know whether she was treated on a given day. So you basically just need them to quit calling. Hope that helps.

1 mom found this helpful
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N.I.

answers from Portland on

I really don't have personal experience but I do have a suggestion. Ask for their supervisor and tell them that you won't talk to anyone or give any information to them but only to their supervisor. Of course if their supervisor comes on then you can explain the situation. You can also ask them to give you their phone number and who they are calling for (hospital, credit cards, etc) so she can turn them in to the police for nuisance calling since no one knows the whereabouts of your sister and her daughter is only three years old and it isn't your debt. Since it isn't your debt I don't believe they can continue to call you - just because you are family doesn't mean that you are responsible for the debt.

You can try it - I know a person who did part of this and they stopped calling on her.

N.

1 mom found this helpful

D.B.

answers from Boston on

I'd call the attorney general's office in your state and report it. Find out what you can do. They should not have this child's name.

1 mom found this helpful
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D.S.

answers from Kansas City on

Your sister/brother in law may have opened accounts in her name, using her SS number, especially if their credit is bad. Then, thinking they've found a loophole and assuming nothing can be done to a three year old, simply let those accounts become delinquent.

It could also be straight-up identity theft.

1 mom found this helpful
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A.C.

answers from Houston on

Using a child's SSN is a very common form of identity theft! Most credit card companies have NO system in place to verify the age of the applicant. You need to contact the credit bureaus and place a hold on her credit line that has been established.

1 mom found this helpful
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M.M.

answers from Seattle on

I am afraid identity theft is a very real person. A child in our extended family had her mother use her SS and identiy to open many accounts and spend money with her name and number. She was only 11 at the time. Now its on her record. :( It does happen, all the time. I would check into it if I were you.

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M.P.

answers from Portland on

I've not read any of the responses. My adopted daughter's birth mother stole her identity when she was a minor. We wrote a letter and sent it to all the credit bureaus. When my daughter became an adult, she had no trouble getting credit. No one mentioned the mess created by her birth mother when she was a kid.

I hope you've been able to resolve this. If not and if you haven't tried it, try sending a certified letter to the creditor with a copy of your niece's birth certificate. If they won't give you their business name and address, I suggest that they are phonies, themselves.

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G.B.

answers from Oklahoma City on

Many young parents who have limited income and can't pay their bills will open a new account in their kids names. It is just a number and no age is listed on the card. I know a lot of people who have done this just to try and get out of paying off cable bills, utility bills, etc....

Just tell the callers to take your name off the call list and if they don't then contact an attorney to write the company a letter.

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J.J.

answers from Eau Claire on

My aunt and uncle used their sons name because they didn't have good credit and now he can't buy a house or anything. They both have the same first and last name and had the same address so it was easy for them to do this. They no longer speak. They were my fav relatives and I found it hard to believe but they did it.

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L.R.

answers from Portland on

Her mother probably used her daughter's name and SS# to apply and get credit, when her own was shot. This happens with children quite frequently.

E.S.

answers from Dayton on

Certainly could be identity theft. I freaked out recently when a recorded debt collector message was asking for my infant son...
I called them back in a fury! I knew it was our hospital but they were threatening to send it to the bad debt dept. and I didn't want that on his non-existent record.
The very nice lady (sorry, Nice Lady!) told me they always ask for the patient. (Which I still feel is stupid when they can see his charges were for newborn nursery.)
Soo...if that is a possibility for you, I thought I'd offer it up.
Hope you get some answers!

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M.S.

answers from Seattle on

Yes, that could happen with the doctor's office, and I would also consider that it could be identity theft.

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R.D.

answers from Portland on

Unfortunately, parents can steal their children's identity, so it is possible for your niece to have debt under her name. It is obviously illegal for parents to do this, but it happens. When I worked in mortgages this would happen. Someone would apply for a house, have their credit pulled, only to discover their mom or dad had used their SSN and name to buy a car, open a credit card, or even buy their own house. :(

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D.N.

answers from Chicago on

My SIL's husband's cousin stole their daughters' social sec #s and totally messed up their credit. They had to have blocks placed on their credit files indicting the age of the girls. So don;t think they always double check the age of the #. Also, my husband has a cousin that is using his son's # for work and a license. We would not doubt for other things as well.

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