FL Hospital Bill - Statues of Limitations question

[Anonymous]

Hello guys need some good advice.

For starters, this is for my GF, not me.   We live in Florida.

GF was sick and was hospitalized back in 2013, and 2014. She paid the big hospital collection item from 2014 PIF ($1800+), and another collection item from 2015 PIF.  I reviewed her credit report and I noticed she had one more open collection item from Jun 2013, another ER bill for $626.  So three collection items, one still open and other two closed. 

She called the Collection Agency who is servicing the account, she add me on as a contact approved. More or less told them that she works on minimal wage, no extra money, and she can SIF the account $150.  Since this is below the Agency's authority, they have to get approval from the original creditor.  They heard back from them today and the creditor will not approve my offer to SIF my GF account, they will only SIF for 75% of the balance, so $475.  Told the Agency no go (it's not the Agency's fault, it is the original creditor want $$$ over a three year old debt). 

At this point the debt is about to be over four years old, and we live in FL. I don't think there was any written contract for this debt.  Is my GF much better off letting Statues of Limitations past on this account and wait for seven years for the collection item to fall off her credit report?  If there was a written agreement, then it would be five years in FL for SOL to be pasted on this debt.  GF credit is ok with being around 680 FICO, but she is not planning to get any credit anytime soon (but I did add her on as AUs on my credit cards so this is helping her a lot).  She really doesn't have extra money, but I can pay off this debt if I want, however, I refuse since well it isn't my debt.

I work in Agency Services for a big bank and it is crazy that a three year old debt they still want 75% balance to SIF the account. A lot of accounts that are over three years old being charge off normally allow 50% SIF offers. 

[RobertEG]

I suggest consultation with an attorney in FL for the latest interpretation of SOL for medical debt.

I believe that FL case law provides interpretation of the SOL for most medical debt as being covered as a written contract.  See Mercy Hospital, Inc. v Carr, 297 So.2d 598 (Fla. App. 3 Dist. 1974) which states:
“Where there is an affirmative obligation expressed in writing to do the act and the writing is signed by the party to be charged and there is consideration for the promise, there is a contractual obligation in writing subject to five-year statute of limitations.”

[Anonymous]

I just talking to my friend who is also a FL Attorney.  Stated the same info as you posted.

I just feel like if the original creditor is refusing to do a better SIF offer over a three year old debt (which is going to become four years in a bit), then no thanks.

[IOBA]

She might try another approach for settling.

I have successfully (on behalf of others) negotiated settlements by saying that the person's mom is willing to help out this one time in the amount of $xxx to settle the debt in full.  Would need a letter from CA or OC stating that they will accept $xxx to settle the debt in full and have payment instructions included in the letter.  I also say there is an expiration date on the help.  Gotta give mom the letter within ten days so she sees it's legit and she can make the payment directly.  OC's don't usually care where the money is coming from, so long as they receive the money.

Is your gf unwilling to pay?  

Unable to pay?

The other option is for her to send in a small token payment (like a $1 every two weeks) to the hospital.  If there is regular payments, collections usually stop.  And if they (OC or CA) choose to take court action, the judge will dismiss if your gf shows that she has been consistently, in good faith, making regular payments for months/years.  During my really lean times, I have done 50 cent payments to the hospital.  They didn't like it one bit.  But tough - I was paying and they couldn't send it to collections.  (Nowadays, at least where I live now, will send you to CA even if you are making regular payments, within 90 days of insurance claim.  The hospitals have directed me to sign up for medical credit cards that charge 18% to put my balance on so that the hospital gets their money NOW.)