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Statute of Limitations (Medical)

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GregB
Valued Contributor

Re: Statute of Limitations (Medical)


@fuzzybean wrote:

@Shogun wrote:

Yes.. That is what OC means.   Ok..   Were it me.   I would once again contact the OC and tell them the bill has been paid to them.  If it were "Out of their hands" then they would not have been able to accept the payment.  I would tell them I immediately want them to contact the CA and inform them that this has been paid.


This bill was paid before it ever went to collections.  I was told it was sent to collections in error and they apologized.  How nice...  Smiley Mad

 


If you paid it and they sent it to collections in error, you need to make it their problem. I would send them a certified letter and give them 10 days to fix the problem. If they don't, I would file a claim for damages in small claims court. Since you have moved, hopefully the court will let you do this by mail. If they don't fix it, you will have to show up for court in person but they would have to be idiots to let this go to court. Just be sure you know that you WILL have to show up in court in the unlikely event that they don't resolve this first. In the unlikely event that they don't fix this first you would have to show up or they might be able to get a judgement against you.

Message 11 of 15
fuzzybean
Frequent Contributor

Re: Statute of Limitations (Medical)

I woulnd't mind showing up in court.  It's an excuse to visit friends!  Smiley Wink

 

I did send a VERY long email to the person currently in charge of collections at the OC.  We'll see if she can help.  She is not the person I spoke to who said it was out of their hands.

Message 12 of 15
scarrollprint
Frequent Contributor

Re: Statute of Limitations (Medical)

the advice on sending a formal letter CMRR stating the facts (not the emotions)

 

on this date I paid you, On this date (which we assume is after the date you paid) you sent it to collections in error. On this date I was notified by the colleciton agenecy/noticed the collection on my report. I called you on this date and was told I was correct that it was an error but also that there was nothing that could be done. It is your responsibility to have it rectified as I paid for the service I recieved and claiming I didn't is fraudulent behaviour. I expect it fixed, rectified, and notified of the correction within 10 days. Failing to do so I may reserve my right to file suit for damages.

 

 

Don't say "do this or I'm going to sue" in any way but rather say I may reserve my right. Its implying you may or may not and can't be held against you when "I'm going to sue you" and then not doing so can.



Current: Eq- 624 Ex - 631 (lender pulled) TU - 661 (lender pulled)
Goal 700+ across all three
Message 13 of 15
kcc
Established Member

Re: Statute of Limitations (Medical)

incidently it is my understanding that the SOL on medical bills is 4 years in all 50 states.

Message 14 of 15
fuzzybean
Frequent Contributor

Re: Statute of Limitations (Medical)


@scarrollprint wrote:

the advice on sending a formal letter CMRR stating the facts (not the emotions)

 

on this date I paid you, On this date (which we assume is after the date you paid) you sent it to collections in error. On this date I was notified by the colleciton agenecy/noticed the collection on my report. I called you on this date and was told I was correct that it was an error but also that there was nothing that could be done. It is your responsibility to have it rectified as I paid for the service I recieved and claiming I didn't is fraudulent behaviour. I expect it fixed, rectified, and notified of the correction within 10 days. Failing to do so I may reserve my right to file suit for damages.

 

 

Don't say "do this or I'm going to sue" in any way but rather say I may reserve my right. Its implying you may or may not and can't be held against you when "I'm going to sue you" and then not doing so can.


I don't believe anyone told the CA they were going to sue.  But, you can be darn sure I'm going to if it's not resolved this time.  I've been dealing with their crap far too long and enough is enough!

 

Message 15 of 15
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