Medical Collection calls 5 years later

[CourtneyAnn]

I went to an urgent care in 2005. i live in texas. It was individually owned and they couldn't get the billing issues right, so now 5+ years latter they are calling me to collect on two dates of service. I have no way of contacting insurance companies to find out how it was billed. The collection lady is telling me that it will be on my credit for 7 years from today. Is this correct. i know the statute of limitation, to be suede, is 4 years. But I'm worried that this will stay on my credit for 7 years from today. She also said they might put it on my sons credit when he turns 18. he was 3 at the time...he is now 8. Is she just trying to scare me? Can this be disputed because they can't provide any insurance info. I have no idea how to get in touch with an insurance company I had 5 + years ago.

thanks !!!!

[beb86]

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@CourtneyAnn wrote:

I went to an urgent care in 2005. i live in texas. It was individually owned and they couldn't get the billing issues right, so now 5+ years latter they are calling me to collect on two dates of service. I have no way of contacting insurance companies to find out how it was billed. The collection lady is telling me that it will be on my credit for 7 years from today. Is this correct. i know the statute of limitation, to be suede, is 4 years. But I'm worried that this will stay on my credit for 7 years from today. She also said they might put it on my sons credit when he turns 18. he was 3 at the time...he is now 8. Is she just trying to scare me? Can this be disputed because they can't provide any insurance info. I have no idea how to get in touch with an insurance company I had 5 + years ago.

thanks !!!!

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WOW you have a bottom feeder......I mean first thing I would do is to send the CA a DV letter.... second get intouch with the OC and see what info you can find out....third once you find out about the validality of your debt start the HIPPA process.......and as far as them putting it on your sons credit when he turns 18 is full of sh*t....the are trying to scare you but dont be fooled.......

[Shogun]

Hold on, let me ask my pet Beagle about this one, because she knows about as much about credit reports as that woman you talked to does.  First off, send them a DV, you live in Texas, they have different criteria for DVs and I'll post about that below.  As far as how long it will stay on, it's 7 years +180 days from the DOFD.  Not from today.  It's 5 years old, so it has a couple years of life left.  It's past the SOL so they have no teeth for judgement.  How much is it?  If the DV gets validated, call the woman back and offer her 10% for a PFD or you'll just watch it fall off in a couple of years.  See what she has to say. 

Found this from Marinevietvet,  Hope it helps.

Re: Texas Debt Collection Statute [ New ]

Options

04-05-2012 11:26 AM

I agree that it's all in Sec. 392.202

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CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES. 

(a)  An individual who disputes the accuracy of an item that is in a third-party debt collector's or credit bureau's file on the individual and that relates to a debt being collected by the third-party debt collector may notify in writing the third-party debt collector of the inaccuracy.  The third-party debt collector shall make a written record of the dispute.  If the third-party debt collector does not report information related to the dispute to a credit bureau, the third-party debt collector shall cease collection efforts until an investigation of the dispute described by Subsections (b)-(e) determines the accurate amount of the debt, if any.  If the third-party debt collector reports information related to the dispute to a credit bureau, the reporting third-party debt collector shall initiate an investigation of the dispute described by Subsections (b)-(e) and shall cease collection efforts until the investigation determines the accurate amount of the debt, if any.  This section does not affect the application of Chapter 20, Business & Commerce Code, to a third-party debt collector subject to that chapter.

(b)  Not later than the 30th day after the date a notice of inaccuracy is received, a third-party debt collector who initiates an investigation shall send a written statement to the individual:

(1)  denying the inaccuracy;

(2)  admitting the inaccuracy;  or

(3)  stating that the third-party debt collector has not had sufficient time to complete an investigation of the inaccuracy.

(c)  If the third-party debt collector admits that the item is inaccurate under Subsection (b), the third-party debt collector shall:

(1)  not later than the fifth business day after the date of the admission, correct the item in the relevant file;  and

(2)  immediately cease collection efforts related to the portion of the debt that was found to be inaccurate and on correction of the item send, to each person who has previously received a report from the third-party debt collector containing the inaccurate information, notice of the inaccuracy and a copy of an accurate report.

(d)  If the third-party debt collector states that there has not been sufficient time to complete an investigation, the third-party debt collector shall immediately:

(1)  change the item in the relevant file as requested by the individual;

(2)  send to each person who previously received the report containing the information a notice that is equivalent to a notice under Subsection (c) and a copy of the changed report;  and

(3)  cease collection efforts.

(e)  On completion by the third-party debt collector of the investigation, the third-party debt collector shall inform the individual of the determination of whether the item is accurate or inaccurate.  If the third-party debt collector determines that the information was accurate, the third-party debt collector may again report that information and resume collection efforts.

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IMO it can't be more clear about the 30 day time limit to respond and the admonition the the CA's to cease collection during the investigation. Whether you call it a DV or a “Notice of Inaccuracy" it's the same process.

[Shogun]

I agree that it's all in Sec. 392.202

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CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES. 

(a)  An individual who disputes the accuracy of an item that is in a third-party debt collector's or credit bureau's file on the individual and that relates to a debt being collected by the third-party debt collector may notify in writing the third-party debt collector of the inaccuracy.  The third-party debt collector shall make a written record of the dispute.  If the third-party debt collector does not report information related to the dispute to a credit bureau, the third-party debt collector shall cease collection efforts until an investigation of the dispute described by Subsections (b)-(e) determines the accurate amount of the debt, if any.  If the third-party debt collector reports information related to the dispute to a credit bureau, the reporting third-party debt collector shall initiate an investigation of the dispute described by Subsections (b)-(e) and shall cease collection efforts until the investigation determines the accurate amount of the debt, if any.  This section does not affect the application of Chapter 20, Business & Commerce Code, to a third-party debt collector subject to that chapter.

(b)  Not later than the 30th day after the date a notice of inaccuracy is received, a third-party debt collector who initiates an investigation shall send a written statement to the individual:

(1)  denying the inaccuracy;

(2)  admitting the inaccuracy;  or

(3)  stating that the third-party debt collector has not had sufficient time to complete an investigation of the inaccuracy.

(c)  If the third-party debt collector admits that the item is inaccurate under Subsection (b), the third-party debt collector shall:

(1)  not later than the fifth business day after the date of the admission, correct the item in the relevant file;  and

(2)  immediately cease collection efforts related to the portion of the debt that was found to be inaccurate and on correction of the item send, to each person who has previously received a report from the third-party debt collector containing the inaccurate information, notice of the inaccuracy and a copy of an accurate report.

(d)  If the third-party debt collector states that there has not been sufficient time to complete an investigation, the third-party debt collector shall immediately:

(1)  change the item in the relevant file as requested by the individual;

(2)  send to each person who previously received the report containing the information a notice that is equivalent to a notice under Subsection (c) and a copy of the changed report;  and

(3)  cease collection efforts.

(e)  On completion by the third-party debt collector of the investigation, the third-party debt collector shall inform the individual of the determination of whether the item is accurate or inaccurate.  If the third-party debt collector determines that the information was accurate, the third-party debt collector may again report that information and resume collection efforts.

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IMO it can't be more clear about the 30 day time limit to respond and the admonition the the CA's to cease collection during the investigation. Whether you call it a DV or a “Notice of Inaccuracy" it's the same process.

[madmann26]

Whoa,

That's about as low as you can go. Hold on to a debt for 15 years to put it on your son's CR? I would have called her out in a heartbeat. On a side note, I also think you should let the FTC know about this. They will have to answer to the FTC for their actions.

Just a thought.