Medical Bill sent to collections 9 years later

[Anonymous]

I recently received a collection letter for a bill on a procedure done in August, 2008.  The collection letter is dated 2/21/2017.  I do not know if I paid this or not as I purge my bill records after 4 years (the statute of limitations in California) and the space it takes to keep this paper trail is enormous.  Is this legal to wait so long to contact me?  I have not moved during this time and pay my bills on time and did not receive any other biills (or I would have addressed this long ago).  Can this affect my credit since the "Date of Last Delinquincy" was almost 9 years ago?

[Anonymous]

If they do not have a judgement against you they can't report or sue you for it.

Does it say in small print anywhere that they can not sue you for the debt because of the time that has past?

Don't call them

[Anonymous]

Thank you... there is no information of any font that states that they cannot sue me.  The only verbiage is that they cannot harrass me, use obscene language, call work, etc.  Also, there is verbiage about notifying them in writing within 30 days from receipt of this notice to dispute the validity of this debt.  I was planning on calling the medical group tomorrow that billed me, not the collection agency.  I DO have the report of my procedure done on that date.  My problem is that I don't have proof readily available that I paid it.  I don't keep proof of my financial records that long. I have not received a bill or I would have addressed this earlier.  I am sure I paid it because I always do.  What rights do I have since it's been 9 years?  Isn't there a statute of limitations or DOFD that protects me from having to go through undue duress to produce such old proof with not request since the first bill?

[Anonymous]

Oh...also...I don't believe there is a judgment against me as my credit is impeccable and I've never been notified of a judgment.  Am I correct?

Again, thanks for the quick response and your insight.

[RobertEG]

There is nothing illegal per se about atttempting to collect on a debt if they believe it remains unpaid.

If the debt is outside SOL and is also beyond the credit report exclusion period, you can choose to ignore their collection efforts.

In some states, a debt collector is required to provide notice if the debt appears to be outside SOL, advising you that they cannot sue on the debt, but that is not yet a requirment on the federal level.

As for credit reporting, if more than 7 years plus 180 days has passed since the date of first delinquency on the asserted debt, it cannot be included in any credit report, regardless of when the collection may be reported to the CRA.

You can simply choose to ignore their collection efforts.

If you wish to additionally prevent any further communications, orally or in writing, from the debt collector, simply send them a cease communication letter under FDCPA 805(c), and it will thereafter be a violation of the FDCPA for them to initiate any communications with you.

[Anonymous]

OMG!  I'd love to send YOU the payment!  It's the principal of harrassing me so many years out that I despise and your altruism to share your knowledge is so welcoming and comforting.  Thank you!!

[Anonymous]

You might check out other websites that deal specifically with collections. If you want to fight this, I'd start by demanding the collection agency show that you actually owe the money. I'd also be careful to avoid admitting or even suggesting that you might owe the money. 

[Anonymous]

Thanks to all of you for your suggestions.  I called the local billing company for the office and they said that it was a mistake on their end...  They are sending me a letter and apologized for the mishap.  

I learned quite a bit with this though...keep proof of my payments for 7 years + 180 days and the DOFD and cease and desist verbiage to handle any harrassments.  I've never had to deal with a collection agent so don't know the procedures or my rights.  You helped with that.

Thanks again!

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@Anonymous wrote:

You might check out other websites that deal specifically with collections. If you want to fight this, I'd start by demanding the collection agency show that you actually owe the money. I'd also be careful to avoid admitting or even suggesting that you might owe the money. 

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