ANCIENT MEDICAL CHARGE

[Anonymous]

Hi,

I'm not sure if this is the correct forum, but here is my question:  I recently was referred to a rheumatologist I have not seen in 15-16 years.  When making the appointment, my doctor's assistant was told that no appointment could be made because there was a past due amount of $104.00.  Believing this to be a mistake, I called the billing department and was told that the charge was so old, they had no information on it and that I must call the Collection Agency. While mulling over the situation, I remembered that at the time of service, my insurer was spotty about paying for benefits and it's possible that I might have let this charge go, assuming the insurance would pay up in the end, since it was a covered service.

The real issue is this:  if I contact the Collection Agency and find that there actually is an unpaid charge from 15 years ago, can the fact that I have contacted and discussed the matter with them allow them to put the charge on my credit report???  If yes, how should I approach this? 

Thank you for your advice.

[pizzadude]

There shouldn't be an issue with it showing on your reports if it is really that old. The credit reporting time period for collections is 7.5 from the date of first delinquency, which for medical accounts would be the date of service. I have to admit I'm surprised that they would keep track of a amount due like this for 15 years

[RobertEG]

Not to alarm you, as I dont think it will be reported.  They most likely know it is past the credit report exclusion period, but here is what could legally happen under the controlling statute, FCRA 623(a)(5).

Any party who reports any information to a CRA regarding a collection must, within 90-days of that reporting, provide the DOFD on the OC account to the CRA.

FCRA 623(a)(5).  The DOFD is, of course, established by delinquency on the OC account.  A debt collector rarely, if ever, is forwarded business records from the OC.

They must find out from the OC what the DOFD was, and provide that date to the CRA.

Section 623(a)(5) provides strict procedures that must be followed when reporting a DOFD.

First, if the OC ever reported a DOFD to the CRA, then the debt collector must report that same date.  FCRA 623(a)(5)(B)(i).

That provision apparently does not apply in your case.

Second, if the creditor did not report, then the debt collector must contact the creditor following reasonable procedures, and attempt to get the DOFD directly from them.  FCRA 623(a)(5)(B)(ii).  As related in your post, the OC apparently wont be able to provide them the date of first delinquency on their account.

Third is the fallback scenario that apparently applies to your situation.  If the debt collector follows reasonable procedures, yet is unable to get the DOFD from the OC, then section 623(a)(5)(B)(iii) kicks in.  They are then permitted to report their best guess of the DOFD, but in no circumstances can they report a DOFD that is later than the date they received collection referral from the OC.

So if they follow the requirements of the FCRA and received collection referral less than 7 years plus 180 days ago, they could legally report a DOFD that would still place their collection in your credit report.

Again, I doubt they will report such an old collection, but dont automatically presume, if they should, that it is a violation of the statute.

[Booner72]

Since it's past SOL and CRTP, it can't report and they can't legally collect.

However, that doctor can refuse to see you until you pay it.   They must have a practice of putting uncollectable accounts in your file w/ your info on their computer or your hard file to get you when you least expect it.

I personally would pay it or just never call them again.