Q: Should I take my ex stepfather to court for past unpaid medical bills? I have a past due med bills that the insurance company had written a check for and then sent to the primary name on the insurance (ex- stepfather) that never paid the bill but cashed the check. There is now at a debt collector on my credit, calling me at home and at work. Am I responsible to pay or is there anything I can do to make him pay?
A: Nice guy. There are questions I would need answered before offering my opinion. For example, was he viewed as your legal custodian at the time? Were the checks made out to him with the express purpose of paying your bills? If so, this would make him a guardian/fiduciary of the funds and he therefore misappropriated them. You may have grounds to file a civil suit against him. I would first notify the insurance company and also provide them written notice of what happened. If they don’t seek the money from him, and continue to pursue you, you may have a problem. If they sue you, take the papers immediately to a lawyer. A lawyer can cross-claim against your ex stepfather and bring him into the suit.