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Regular Contributor
Jacque383
Posts: 131
Registered: ‎07-05-2007
0

Statutes of Limitations

Are medical bills considered a "written contract" or an "Open-Ended Account" under the Statute of Limitations?  
Moderator Emeritus
Tuscani
Posts: 6,182
Registered: ‎03-29-2007
0

Re: Statutes of Limitations

The state SOL requirements are not a factor as medical accounts are considered "services" and are under the standard UCC 4 year SOL.
Send the medical dispute letter (search Google for "Why Chat letters") on any accounts that are on your reports, if the accounts are completely verified by the OC through the reporting CA to the CRA, PAY THEM!! (of course with the HIPAA letter directly to the OC)
 
The only time you need be concerned about SOL on medical debts is if you are being sued on a medical debt that you have no other defense on, i.e. "it's not yours, it was paid by insurance, or should have been paid by insurance if it had been properly billed, it was an inflated bill that you had disputed etc."
 
If you are being sued on a large medical bill, particularly from a Hospital, there is likely no "useable" SOL defense, (if that is your only defense), as unpaid medical bills from Hospitals are paid, (reimbursed) by the State from taxpayer funds and the Courts have held that it is an indirect "Governmental" obligation.
Regular Contributor
Jacque383
Posts: 131
Registered: ‎07-05-2007
0

Re: Statutes of Limitations

Hi Tuscani,
 
Thank you for the information. I wasn't asking for any specific reason other than I was curious is all. However, I do appreciate all the input.
 
The only bad things on my credit report are these medical collections. I want them off my credit report (Yes, I know everyone does). 5 out of the 13 are directly to the hospital, the others are from ER Doctors, and the follow up care. One hospital bill totals $4606. All of the bills come to a total of $6000. It's not a huge amount and I do have the money to pay them. However, I want to either have them removed or pay them in such a way that they  come off my report, if it's possible. At least I want to know I've made every attempt to have them removed.
 
Upon advice from Noah, I did contact the insurance company first. I found that one of the bills was billed as an automobile accident, which it wasn't.
 
The others are all legit bills. As I said I'm willing to pay whatever I need to pay, but if I can have them come off that would be ideal.
 
Again, thank you for your information.
 
 

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