Med CA trying to collect - Past SOL

[My_dog_FICO]

DH has 1 med collection that shows as Assigned: Nov 2003. The date of service was Jun 2003. I DV'd them in Nov and they replied on Nov 28. FL SOL is 4 years.

Now that I believe we're legally past the SOL, I'm planning on doing a PDF. Since I now feel that we have more leverage (they can't legally get a judgment), how can I word the PFD politely that since they no longer have a legal claim, I'm willing to settle as long as they delete from all 3 CRAs?

Does anyone have a sample Past SOL PFD letter?

[Anonymous]

Make sure you read up on Florida's Statue of Limitations just to make sure you don't write anything that could consitute the restarting of the SOL.

[My_dog_FICO]

If I understand the SOL, the only thing that could restart it is accepting a settlement offer or to actually make a payment. Is there anything else that can reset it? (other than tolling, but there isn't any reason for that to happen)

[Anonymous]

Keep in mind that all states have their own SOL on hospital bills.....my state there is NO SOL but other medical goes by SOL.

Also it might be considered a contract so in Fl it SOL would be 5 years.And it goes by DOLA or date of service.

[haulingthescoreup]

Medical bills and collections are odd little critters, and many have reported success in going back to the original creditor and offering to pay, on condition that the account be withdrawn from the collection agency, and then PFD'd. You might want to do a search on these forums under medical collection.

[My_dog_FICO]

Since the OC isn't reporting these debts, you're probably right. If I get the OC to accept payment, then I can send the CA a C&D letter requiring they remove all reporting from the CRAs. I hope this works.

[haulingthescoreup]

You just never know! I think it's awfully rare for an OC to pull back a debt once it's given to a CA, but I just keep reading exceptions for medical stuff. Good luck!

DH has a medical collection on two of his reports, that is probably a co-pay issue from a local doctor. I know perfectly well that I paid both the doctor and the CA (grrr), but DH threw out our old canceled checks and check stubs a few years ago. I know, I know. It knocked his scores on those two reports all the way down to 709, poor baby. We haven't decided whether to go after it or not, and if so, when. (I want to get at least one of my scores higher than his first! )