Hospital Medical All Together In 1 Entry On Report-Hit Report & Caused 65 Point Loss

[Anonymous]

I read somewhere on here that SOL for everything including medical was 4 years in Texas. I could be wrong, but I know that I read that somewhere on here at one point in time. Am I incorrect?

[fused]

The SOL we refer to into the forums is usually for CCs, loans, mortgages and etc. Medical debt is a bit different. Medical debt is not classified as an "open account" a "promissory note" or a "written contract". Medical debt is actually a "services account". Almost all states have an SOL of four years on med debt. This information can usually be found by reading up on a state's Uniform Comercial Code.

[Anonymous]

Okay, I will look into that for the SOL in Texas. Thanks fused!

[fused]

You're welcome!

[Anonymous]

this is what I found:

Sec. 16.004.  FOUR-YEAR LIMITATIONS PERIOD.  (a)  A person must bring suit on the following actions not later than four years after the day the cause of action accrues:

(1)  specific performance of a contract for the conveyance of real property;

(2)  penalty or damages on the penal clause of a bond to convey real property;

(3)  debt;

(4)  fraud; or

(5)  breach of fiduciary duty.

(b)  A person must bring suit on the bond of an executor, administrator, or guardian not later than four years after the day of the death, resignation, removal, or discharge of the executor, administrator, or guardian.

(c)  A person must bring suit against his partner for a settlement of partnership accounts, and must bring an action on an open or stated account, or on a mutual and current account concerning the trade of merchandise between merchants or their agents or factors, not later than four years after the day that the cause of action accrues. For purposes of this subsection, the cause of action accrues on the day that the dealings in which the parties were interested together cease.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 950, Sec. 1, eff. Aug. 30, 1999.

[fused]

hmmm...do you have a link? I want to put together a "state resources" thread on MED SOL, similar to Sidewinder's in the rebuilding credit forum, but it takes a lot time to complete it.

[Anonymous]

fused I just coped the cival code for remedies in Texas. I also called the OCCC's office today and inquired about medical debt and was advised that in the state of Texas the SOL for all debt collecting is 4 years, medical inlcuded. What are your suggestions trying to fight how they reported? I am not as worried now since the SOL is 4 years and we can cough up the money for the recent collections. Thanks!

[fused]

You could try using the HIPAA letter process, but doing so will likely end your relationship with your physician. What kind of doctor sends his/her patient's accounts to a third-party collector, yet he/she is still treating them?

[Anonymous]

Fused, just an update on this post. I called EQ yesterday and they advised me to wait until today to get the results of the dispute as yesterday was 30 days. And as of today, this has been deleted from the credit report!!!! This is great news, but unsure of the points that will be gained as we have the EQ daily pulls through them, however not wanting to pay for a score just yet as it usually takes a day or so for the score watch to update after a change is made. There were also 3 other CA that were deleted since the first of May, 1 paid medical and 2 unpaid CA's-not sure why they disappeared, but not complaining. The two CA's were due to fall off this year anyways, so they should not re-appear. Since, the 65 point loss a month ago, with updates of lower util and CA's being deleted, 70 points have been gained. And I am sure that the 65 point dive that was due to this CO will not be re-gained since it was deleted, but surely happy that it is gone. This leaves only 1 baddie on EQ and there were 5 as of a month ago!!!

[fused]

Congrats, you won!!!!!!!!1