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Old 02-17-2010, 06:36 PM
FBJ FBJ started this thread
 
Location: Tall Building down by the river
35,119 posts, read 24,335,266 times
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This was a debt I had in 2005 from a surgery I had and saw on my credit report it''s on there when it was referred to a collection agency. So will this fall off my report in 2012 since that's 7 years?

what happened was i knew nothing about a surgey my insurance paid everything except $250 and I get a bill saing that' what I owed and it went to $475 before being sent to a collection agency.
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Old 02-20-2010, 12:16 AM
 
Location: Everywhere USA
346 posts, read 529,150 times
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Default Request it be removed from your credit reports

However, medical debt statutes of limitations vary by State, so you will need to Google that info.

If your State is 7 years, then that's the reason you give the 3 credit bureaus for why it should be removed; no problem. If not, and the Statute is longer, you'll have to wait.

Hope that helps.
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Old 02-20-2010, 05:41 AM
 
1,492 posts, read 4,624,823 times
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If it were mine, I'd look at it this way:

Statues of Limitations usually refer to legal action aka sue in court
The 7 year thing is the CRA thing, Credit Reporting Agency...which is not a state thing, rather a Federal thing.

And I think it's 7 years from the Original Date of Delinquency/ Date of Last Payment.
So it could be 7 years from the date they received the insurance company's payment [even though it wasn't from 'you' ...your insurance company is acting on your behalf so is acting as 'you'].

So get your EOB, Explaination of Benefits statement from your insurance company for that procedure/payment and/or the statement from the clinic where they credited your payment...(you got these in the mail)

7 years from that.

I'd not worry too much about added fees and charges if you're not going to pay the bill.

But that's my guess.
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Old 02-20-2010, 11:09 AM
 
Location: 23.7 million to 162 million miles North of Venus
1,475 posts, read 1,965,503 times
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Like VegasGrace said, the reporting period falls under the FCRA, which is federal.

Both the reporting period and the states collecting SOL begin on the date of service when you were expected to pay the bill .. the date you were treated/released from the hospital.

Medical bill SOL falls under the UCC, for goods & services, and is 4 years from the date of service when you were expected to pay the bill.

It sounds like that was the deductible, or, it was from a second party such as the anesthesiologist, etc., which would have been billed separate from the hospital bill. You do have the right to request a full accounting of your medical account from the medical provider directly. You also have the right to contact the insurance provider and get a full accounting of the billing to them from the original medical provider and the insurance payment information to the original medical provider, with the explanation of why a portion of the bill had not been paid.

If the original medical provider had the insurance info at the time of service and the insurance company proves that the original medical provider failed to provide a bill to them in a timely manner, or, had billed the insurance company incorrectly and failed to correct it then it's too bad so sad for the original medical provider because you would no longer legally owe them a dime.

Even though you are past the collecting SOL, if you plan on paying it you should Google Why Chat and look over his HIPAA letter series, where you would be paying the original medical provider and bypassing the collector. Doing so you would have the right to demand that the original medical provider recall the debt from the collector and the collector would be required to remove everything about the debt from their files and remove what they had placed on your credit reports. Once the original medical provider is paid in full then there is no longer any permissible purpose to have protected medical information in the collectors hands or being reported on your credit reports.

Everything on Why Chats site is free to read and use. Just be sure that if you use the HIPAA letter series that you follow each and every step and do it in the order that they are listed.
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Old 02-20-2010, 12:30 PM
 
43,186 posts, read 47,049,205 times
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It also dependent if they go to court to get a judgement as to how long it will effect your credit other than just the rating of the three agencies. In many states a judgement can be renewed and filed very ten years.As to collectors it really depends if he is a agent of the provider or if the provider as written of the debt as bad and sold it to someone else such as a collector.You would need to check for state laws also that control this as well.Se a attornay is my advise as reading law and the researching case law on that law can be a task and hard to comprehend at times.
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Old 02-20-2010, 12:49 PM
 
9,718 posts, read 12,466,920 times
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Seems like such a small debt I don't see why you don't just pay it off and be done with it. Seems to make more sense than wasting more time on it.
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Old 02-20-2010, 01:12 PM
 
Location: Fairfield, CT
4,193 posts, read 4,496,490 times
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Quote:
Originally Posted by wanneroo View Post
Seems like such a small debt I don't see why you don't just pay it off and be done with it. Seems to make more sense than wasting more time on it.
Bingo.
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Old 02-21-2010, 10:10 PM
Status: "Partially taking all the blame" (set 25 days ago)
 
Location: Tampa, Florida
11,005 posts, read 10,014,434 times
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Quote:
Originally Posted by wanneroo View Post
Seems like such a small debt I don't see why you don't just pay it off and be done with it. Seems to make more sense than wasting more time on it.
What motivation does he have to pay it? Will it improve his credit score? Not unless he follows the steps that Berdee was talking about. Paying it without following those steps will actually LOWER his credit score. That would just be super, wouldn't it?

Furthermore, there is a 99% chance their in violation of the FDCPA by adding to the amount due on the bill. That violation is worth $1000 right there.
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Old 02-22-2010, 12:43 AM
 
9,718 posts, read 12,466,920 times
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Quote:
Originally Posted by Bosco55David View Post
What motivation does he have to pay it? Will it improve his credit score? Not unless he follows the steps that Berdee was talking about. Paying it without following those steps will actually LOWER his credit score. That would just be super, wouldn't it?
Couldn't give a rats behind about a credit score.

It seems to be a trivial amount for trying to weasel out of. That also seems to be one of the reasons this country is having so many problems right now, too many people buying goods and services and not paying for them.

Personally I view my time as money or a wage. For all the time and energy tvcouchguy expends on trying to weasel out of the debt, he could just pay it off. Problem done with no more complicated 7 step programs or other nonsense.
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Old 02-22-2010, 01:13 AM
Status: "Partially taking all the blame" (set 25 days ago)
 
Location: Tampa, Florida
11,005 posts, read 10,014,434 times
Reputation: 5929
Quote:
Originally Posted by wanneroo View Post
Couldn't give a rats behind about a credit score.
Well gee, don't ya think the OP might considering their credit report is what their asking about?

Duh.

Quote:
It seems to be a trivial amount for trying to weasel out of. That also seems to be one of the reasons this country is having so many problems right now, too many people buying goods and services and not paying for them.

Personally I view my time as money or a wage. For all the time and energy tvcouchguy expends on trying to weasel out of the debt, he could just pay it off. Problem done with no more complicated 7 step programs or other nonsense.
First off, you can spare me the moral high ground act. That's a whole different debate (and judging by your inferred viewpoint, one you'd lose easily) and second, had you bothered to spend the 10 seconds reading Berdee's post you'd have known that the process she is advocating for requires the medical provider to be paid in full to work.

Read ----> Think ----> Post
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