topic Re: Medical bill from 2006 in Rebuilding Your Credit

Medical bill from 2006

Anonymous — Mon, 11 May 2015 22:09:48 GMT

Hi Guys,

I was in VA from 2005 till 2008, and then after moved to Tampa, FL. My first child was born in VA, and had a bill since then haunting me. Just received another letter, itemized bill, with my signed copy from a debt collector. I had signed doctors form and financial liability form dated 03/01/2006. Unfortunately my health insurance didnt covered my maternity charges. Doctor's office called me and I started making small payments of $50 till Dec, 2011, finally i had to stop since i had no source of income for couple of months, and everything just got unbalanced financially.

My question is I disputed through one of the credit bureau and it came as verified in 3 days. Not sure what they did, but i doubt they checked the treatment date. My last treatment date was Feb/2007, I had signed a legal financial liability form in Mar/2006, paid till Dec/2011. Now when does my SOL starts, or which date I have to consider, as my SOL date.

Is it same as credit card last payment date/first date of deliquency or medical bills have something different.

Re: Medical bill from 2006

gdale6 — Mon, 11 May 2015 22:15:49 GMT

@Anonymous wrote:
Hi Guys,

I was in VA from 2005 till 2008, and then after moved to Tampa, FL. My first child was born in VA, and had a bill since then haunting me. Just received another letter, itemized bill, with my signed copy from a debt collector. I had signed doctors form and financial liability form dated 03/01/2006. Unfortunately my health insurance didnt covered my maternity charges. Doctor's office called me and I started making small payments of $50 till Dec, 2011, finally i had to stop since i had no source of income for couple of months, and everything just got unbalanced financially.

My question is I disputed through one of the credit bureau and it came as verified in 3 days. Not sure what they did, but i doubt they checked the treatment date. My last treatment date was Feb/2007, I had signed a legal financial liability form in Mar/2006, paid till Dec/2011. Now when does my SOL starts, or which date I have to consider, as my SOL date.

Is it same as credit card last payment date/first date of deliquency or medical bills have something different.

A derog COed account cannot be reported to your CR for more than 7.5 yrs from its DoFD. A medical bills DoFD is 30 days from the date of the billing if it remains unpaid. If this bill is from 2006 it cannot be reported and I would file a CFPB complaint on whoever is reporting it for violating the FCRA.

Now in some states the SOL can be reset by making a payment so you need to know what your states SOL laws are on this. Welcome to My Fico

Re: Medical bill from 2006

Anonymous — Mon, 11 May 2015 22:17:47 GMT

Thanks Gdale6 for your quick response.

My confusion here was, i kept on making small payments till Dec, 2011. Does the SOL start from this date.

Its the date treatment was received?

Re: Medical bill from 2006

Anonymous — Mon, 11 May 2015 22:17:50 GMT

@Anonymous wrote:
Hi Guys,

I was in VA from 2005 till 2008, and then after moved to Tampa, FL. My first child was born in VA, and had a bill since then haunting me. Just received another letter, itemized bill, with my signed copy from a debt collector. I had signed doctors form and financial liability form dated 03/01/2006. Unfortunately my health insurance didnt covered my maternity charges. Doctor's office called me and I started making small payments of $50 till Dec, 2011, finally i had to stop since i had no source of income for couple of months, and everything just got unbalanced financially.

My question is I disputed through one of the credit bureau and it came as verified in 3 days. Not sure what they did, but i doubt they checked the treatment date. My last treatment date was Feb/2007, I had signed a legal financial liability form in Mar/2006, paid till Dec/2011. Now when does my SOL starts, or which date I have to consider, as my SOL date.

Is it same as credit card last payment date/first date of deliquency or medical bills have something different.

If the doctor was accepting payments until you stopped paying in 12/2011, and never sent it to collections before that, then I would say that 12/2011 is your DoFD. The account was in good standing until that point.

Re: Medical bill from 2006

Anonymous — Mon, 11 May 2015 22:19:37 GMT

Yes NormanFH. Just to avoid collection activity, i kept on paying few dollars every month. But today i received a letter from CA, with my signed copy from 2006. So was curious what to to.

Re: Medical bill from 2006

Anonymous — Mon, 11 May 2015 22:25:09 GMT

SOL, for court purposes would begin from the point you stopped paying on the repayment agreement, regardless of the DoFD.

While medical bills are generally considered due and payable at time of service, I would think that if they enter into a payment agreement with the patient, then no default has occurred. DoFD does not occur until the account is actually charged off, and its subsequently sent to collections.

Re: Medical bill from 2006

Anonymous — Mon, 11 May 2015 22:27:43 GMT

You could try to argue for the earlier DoFD, but in my opinion its just not going to fly. I will admit I could be wrong here.

Has it been reported on your files?

Re: Medical bill from 2006

2b2rich — Mon, 11 May 2015 22:41:18 GMT

I think you're fine. The clocks starts ticking on medical debt as soon as you receive a bill (which is usually 1 billing cycle out from the date of treatment).

In Florida, it's 5years for a contract (which is usually what medical debt falls under when you fill out the forms pre treament stating that you will be responsible for any amount not paid under an insurance, etc).

As for resetting the SOL, since you're in FL and that appears to be where you were at when you made the arrangements with the doctor, simply making a payment or verbally agreeing to will not reset it. It must be an agreement in writing and the SOL. So, if you signed anything in 2011, then the SOL would be up next year.

95.04:

Promise to pay barred debt.—An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.

History.—s. 1, ch. 4375, 1895; GS 1717; RGS 2930; CGL 4650; s. 6, ch. 74-382.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/0095.html

(edited to correct the SOL on written contracts in FL to 5 years)

Re: Medical bill from 2006

Anonymous — Mon, 11 May 2015 22:53:18 GMT

I didnt signed anything for payment arragements. The form i had signed in 2006 was the legal form, which we usually fill out during our visits to doctors, that i agree u can access my medical records, i agree i will pay, i agree etc....

I visited doctor routinely till my baby was born in Feb 2007. They charged my insurance, insurance declined any maternity coverages. Thats when they call after delivery, and on phone they setup and said me that i can keep on paying small amounts, till its paid in full. Nothing on paper i have signed with them.

I kept on paying till Dec, 2011 and then stopped. I changed my number, and address here in FL, but didnt get any notification from them, that they are sending to CA.

Re: Medical bill from 2006

Anonymous — Mon, 11 May 2015 22:56:41 GMT

This hasn't been reported by orginial creditor or doctor, but they have transferred to CA. and CA is the one reporting and have kept open from 04/2012.

Re: Medical bill from 2006

2b2rich — Mon, 11 May 2015 23:16:22 GMT

@Anonymous wrote:
I didnt signed anything for payment arragements. The form i had signed in 2006 was the legal form, which we usually fill out during our visits to doctors, that i agree u can access my medical records, i agree i will pay, i agree etc....

I visited doctor routinely till my baby was born in Feb 2007. They charged my insurance, insurance declined any maternity coverages. Thats when they call after delivery, and on phone they setup and said me that i can keep on paying small amounts, till its paid in full. Nothing on paper i have signed with them.

I kept on paying till Dec, 2011 and then stopped. I changed my number, and address here in FL, but didnt get any notification from them, that they are sending to CA.

The window of reporting this to the credit bureaus would be 7 - 7 1/2 years (I've read a lot of blogs on the 3 major CRAs that they tend to remove them 7 years from date of treatment/service when most payment is due at the time of service).

So I would say you could probably have these removed by disputing as obsolete now since the time for reporting should have ended anywhere from March 2014 to 6 months from there.

The SOL on written contracts in VA is also 5 years so you're good there too

http://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html

Re: Medical bill from 2006

gdale6 — Mon, 11 May 2015 23:17:54 GMT

@Anonymous wrote:
This hasn't been reported by orginial creditor or doctor, but they have transferred to CA. and CA is the one reporting and have kept open from 04/2012.

If you had no formal payment arrangements in writing the bill is deliquent 30 days from the billing date and that is the DoFD not what the CA is trying to do in 2011. file your CFPB complaint for violation of the FCRA. Anything in 2006 up to Nov 2007 can no longer be reported on your CR.

Re: Medical bill from 2006

2b2rich — Mon, 11 May 2015 23:25:27 GMT

And in the state of VA, a Promise to Pay must be in writing and signed by the debtor:

G. Effect of new promise in writing

1. If any person against whom a right of action has accrued on any contract, other than a judgment or recognizance, promises, by writing signed by him or his agent, payment of money on such contract, the person to whom the right has accrued may maintain an action for the money so promised, within such number of years after such promise as it might be maintained if such promise were the original cause of action. An acknowledgment in writing, from which a promise of payment may be implied, shall be deemed to be such promise within the meaning of this subsection.

2. The plaintiff may sue on the new promise described in subdivision 1 of this subsection or on the original cause of action, except that when the new promise is of such a nature as to merge the original cause of action then the action shall be only on the new promise.

https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-229

(just trying to cover your bases in both states)

Re: Medical bill from 2006

Anonymous — Mon, 11 May 2015 23:48:19 GMT

Thanks all. So what you suggest, dispute with Credit Bureaus and send them the letter i have received from CA or FCRA?