SOL on medical bills in VA

[Anonymous]

   Hi guys, just have a few questions and need some help. I received a collections letter from an attorney that states that I owe a local hospital $1,000.50 and they are collecting on their behalf. I live in Virginia and have not moved or changed my address in over 10 years. It has been over 8 years that I can remember receiving any services at this hospital. I have never received a bill from this hospital.

   My questions are what are the SOL on medical bills in Virginia? If I contact the hospital or collections attorney does this change the date on the SOL? I'm not for sure how to handle this as I don't want this to go on my credit report but really don't want to pay this as it was so long ago. Any help would be appreciated.

[RobertEG]

Was the debt established as Open credit (no written contract, and due when services were rendered), or did you sign a written contract?

I know that is a strange question for a debt you dont remember, but SOL is based on the type of commitment made, and not the fact that it is medical per se.

Contacting them wont reset the SOL.  Just dont acknowledge the debt or make any partial payments.

The first step after receiving a dunning notice from a debt collector for a debt that you dont acknowledge is usually to request debt validation, which if sent within 30 days of dunning notice, imposes a cease collection bar until they send the requested  valdation.

[CreditInspired]

In addition to what Robert advise, DISPUTE THE DEBT IMMEDIATELY (in writing) to the attorney who is trying to collect.

[RobertEG]

As I read the post, the attorney/debt collector is attempting to collect, but there is no collection being reported.

Additionally, since any debt would apparently be past the 7 year plus 180 day from DOFD exclusion period, no collection will be added to the credit report.

No credit reporting = no dispute of reporting accuracy.

The only addition to the credit report would be a judgement if successful civil action was achieved.

If outside of SOL, then obtaining a judgment would not be a concern.

I would, if you decide not to pay, simply send them a cease communication notice under FDCPA 805(c).

[mitchblue]

Just for clarity for myself is SOL start when the debt was made or when you first get contacted by the Collection agaency?

[RobertEG]

Neither.

The date of creation of a debt does not begin any SOL period until the debt has first become delinquent.

The date a debt collector reports a collection is irrelevant to any SOL considerations.  That ony provides the date that they obtained collection authority.

[mitchblue]

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@RobertEG wrote:

Neither.

The date of creation of a debt does not begin any SOL period until the debt has first become delinquent.

The date a debt collector reports a collection is irrelevant to any SOL considerations.  That ony provides the date that they obtained collection authority.

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Thanks..