I took my daughter to the doctor on 7/27/2010 and made a payment that day. I took her again on 10/25/2010 and made a payment for that visit.
The SOL in Arkansas is below. Does from the date of the most recent partial payment for the services mean for that particular visit, or just for the person? I'm trying to determine if the payment I made on 10/25/2010 for that days visit applies to the SOL time for the 7/27/2010 visit. I've been served and the details say the money I owe is for a 10/25/2010 visit and they added the balance for the 7/27/2010 and 10/25/2010 visit. I know this cause I have the statment from the doctor office.
16-56-106. Recovery of charges for medical services:
a: No action shall be brought to recover charges for medical services performed or provided prior to April 1, 1985, by a physician or other medical service provider after the expiration of a period of eighteen (18) months from the date the services were performed or provided.
b: No action shall be brought to recover charges for medical services performed or provided after March 31, 1985, by a physician or other medical service provider after the expiration of a period of two (2) years from the date the services were performed or provided or from the date of the most recent partial payment for the services, whichever is later.
Usually any time you make a payment, it restarts the SOL clock and it even says that in what you posted as to SOL.
Lets see if i'm understanding this correctly -
On 7/27/2010 you brought her and you made a payment however it was not for 100% of the copay (or entire bill if you didn't have insurance).
On 7/25/2010 you brought her and you made a payment however again it was not for 100% of the copay/bill.
Do you have any statements/recipets from 2010 from this particular doctor?
There are two ways of accounting for payments in businesses - statements and invoices.
If they bill by statments - the add on charges and deduct payments. If they bill by invoices then each payment goes directly towards each invoice.
I've found when it came to services where there is no concrete product its usually done via statments.
So on 7/27 they charged an amount, you made a payment on 7/27 leaving your amount due at $x. Then on the 25th they added on to that statement another amount and then you made a payment to your account.
Basically when you do that type of accounting practice, when you make a payment it goes towards the oldest first then the newest.
So if you owed 100 and paid $50 at the time of the visit, then on the 25th, paid another $50 the visit on the 27th would have been paid off, however you would have added another 100 that was then 100% unpaid.
If they gave you a statment of your account, that would show all that.
If that is the case then the entire amount from the 25th is still open under the SOL according to what you posted.
NOW lets say you didn't pay enough between the two payments (july and october) to pay off the entirity of the july visit. By making a payment in October, you basically restarted the clock since you made a partial payment (again this is all according to what you posted - (2) years from the date the services were performed or provided or from the date of the most recent partial payment for the services, whichever is later.) so by making a payment in october it was most likely applied to the previous balance, not the current visit and thus it would be considered a partial payment on the older visit and thus restarting the SOL clock...
I would look at those statments and see how they applied that payment in October. If they applied it towards the October visit then it wouldn't be considered a partial payment on the July visit thus not restarting the SOL. IF they do a statment/balance sheet type of accounting then looks like your in a tough spot.
Thanks for the reply. It's a statement and they do it by visit from what I can tell. I've attached a pic of the statement if it will help.
Ok Looking at that they are fully in their scope to file suit.
They are keeping to a statement style of accounting which means all payments in go towards oldest invoice first then the more recent.
So when you went in on october and made a payemnt, they applied it towards your july visit and according to what you posted on the SOL for your state, the partial payment restarted the clock on SOL so the SOL for both of those is now set to the 25th.
Let me ask you this - these are mostly small amounts, can you pay ANY of them in full?
if you can pay all of them right now 100% then when you show up at court ask for the case to be thrown out since you paid this debt on _______ make sure to get a recipet.
EIther way your going to owe and at least this way you can avoid a judgement that will be on your report for 10 years (and would be 10 years from the judgment date)
I would work on paying the $77 balance, the $20 balance and then $80 balance. If those are they only ones listed in the suit, pay them off, its not taht much money. And then ask them about getting on a payment plan for the visit in 2011 as they will probably be looking to file suit on that as well if it goes unpaid in the next year or so.
I've offered to pay the July and October 2010 visit several times if they would refile the 2011 visit with the correct insurance since they filed it under the wrong insurance. My wife was served for the 2010 and 2011 visits. I called the Dr office months ago about this and told them they had the right insurance under one child but not other and needed to refile. When my wife got served, I called again and they say the note and still had not tried to refile. They said they'd call the collection company and have them pull the 275 from 2011 out of the suit. So what do I do? My answer to the complaint will be I agree with the 2010 charges but not the 2011 and that the doctor has said they'd pull it back from the collection and suit. I don't feel I should have to pay any attorney fees since this could've been avoided. I've told them several times I'd pay the 2010 once they updated the balance by refiling the 2011 visit. What should I do?
In the complaint. They listed the charges from the july and october 2010 visit as 1 visit on 10/25/2010, so that's really another error but not sure if it will help if I point it out. The total is 454, but the complaint says the total is $621.98. There is nothing that lists what the other 167.98 is for on the complaint. When I called the collection company that filed the complaint, they had to put me on hold when I asked about it and came back saying it's collection fees, my point to them was it's not detailed on the complaint.
The other thing I think they did wrong is this doctor office sent me these statements at the same time the collection company filed a complaint. Isn't that trying to double collect?
Here's the complaint
They can't charge attorney's fees in their claim and then also tack on attorney's fees as its own thing.
Thats double dipping.
I'd hire a lawyer stat to get this whole mess settled out.
If they didn't file a claim on your insurance, I'd say pay it outright get a reciept and then file a claim yourslef with the insurance company make sure you have all paperwork.
I wouldn't say "i'll only pay this if you do your job right" because honestly, they will get more money out of you than they will by spending the time/money to do it correctly.
Either way your starting to get into some sticky gray areas, I'd call a lawyer today..