My 15 month old is being sued for medical bills, she is the only one named should I just let the small claims suit go on bc she obviously has no assets and the debt will expire in 7 yrs or should I call plaintiffs attorney? Live in NJ.
1 Answer from Attorneys
The debt does not expire in seven years. The right to sue would have expired six years from the date of dishonor but it seems that a suit has been filed. If the creditor gets a judgment, it will be good for 20 years and can be renewed. Once the child reaches the age of majority, he or she might have an option to repudiate the debt but only if the medical services were not necessary for health reasons. So, unless you deal with the suit, you run the risk of having a judgment against your child as soon as he or she turns eighteen.
See also: http://info.corbettlaw.net/lawguru.htm