I think i may have messed up!

[Schoolbuskid]

I DV'd a CA for a debt that was incurred in VA which happens to be where the CA is located, but i live in NC. I think i reading something the other day that said they can use VA SOL or NC SOL. Since i live in NC which SOL do i go by? Am i past SOL for NC, but not for VA!

Am i in the clear, or should i be worrying about something? I have never lived in VA, the debt was incurred  because of a Doctors visit for potential surgery!

[Anonymous]

SOL for either state will apply.

[Anonymous]

Go by the longer SOL...to be on the safe side!!!...

[Schoolbuskid]

Oh boy, i hope they are good to me! I should have thought about that before i sent the letter but didnt oh well, i guess i will see what happens! These people refused to do a PFD, so i doubt they will show any mercy! Please wish me luck!

[Anonymous]

Medical bills are different then all other bills.

To protect your rights under HIPAA, you should not write or correspond with a Collection Agency regarding a medical collection account within SOL.

This process is not applicable if the account is valid and you are unable to pay.  The medical claim must either be paid, inaccurate, or you are prepared to remit the valid correct amount due with the HIPAA letter.

The Pre-HIPAA letter is sent to the CRA to dispute medical collection accounts on your CR that are within SOL and are:  paid, valid but unpaid, "not mine" or inaccurate.

1. Dispute a paid medical collection directly with the CRA and they should delete.  If not deleted, but verified, send HIPAA letter (Whychat's process - insert b). 
2. Dispute valid but unpaid medical collections because you need the CRA to verify the balance.  There may be no valid balance due and the CRA will delete.  Only after the CRA has verified and you agree that the amount is correct is the HIPAA letter sent with payment (Whychat's process - insert a).  The payment amount should be the same amount as was verified by the CRA and on your CR.
3. If the medical collection account is "not mine" or inaccurate, you need to have disputed the medical collection listing with the CRA.  Only after the CRA verifies and does not delete an invalid or inaccurate medical collection do you send the HIPAA letter

Search for "HIPAA letter" and for the full text of the letters.

[Schoolbuskid]

So i should have sent the HIPAA letter instead of the lonnster DV letter? I really believe that my mother is responsible for this account because i dont remember signing anything pertaining to this debt and she agreed!

So happydays what about VA SOL, does it matter in this case?

Thanks!

[Schoolbuskid]

bump

[Anonymous]

Okay, I'm confused now ... is it YOUR debt or your mom's???

Medical bills are usually considered a "written contract" and I think the average SoL (check with your state for this to be sure) is 4 years.

Is it a large bill? From what I understand most CAs won't sue for under $250. Note that I said "most" -- there are some real jerks that would sue over $10, I'm sure!!

In any case, if this isn't YOUR debt, but your mom's, then I assume that you're concerned that once this gets straightened out, they'll go after her?

Also bear in mind, that I have seen some CAs go after the poor schmuck who filled out the paperwork at the hospital. Friend of mine took another friend to the ER, signed the forms as "brought in by" and got stuck with the bill when the other friend couldn't pay!!

Anywho, BEST of luck to you, Schoolbuskid!!!

[Schoolbuskid]

This is actually a the only collection that i have on my reports and it for $200. I am past SOL for NC, but not VA. I dont believe i signed in documents when we went, even though i was 18 at the time my mom was still filling all the papers out! But it could very well be that i did sign something but i dont remember if i did or not!

[Schoolbuskid]

what letter do we use for unpaid medical collections that may be yours, i may have asked this before if so sorry! Do you always use the hippa letters instead of regular DV letters when dealing with medical accounts?