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Medical collection-CA sent letter with no mini-miranda


sammiesmom
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I recently disputed an old medical collection and low and behold on Friday I received a letter from the CA saying that if I don't send payment in full within 10 days that they will decide whether or not to send the account to the legal dept. First off, this account is from 1999 and only for $180 or so and I'd be fine paying it but this CA really p*ssed me off. Anyway, do I DV them (the same as if it was a CA w/ a credit card account)? Also are they obligated to put the mini miranda on their letters?

TIA :?

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Since you said 1999, it is probable they sent a first communicaiton to you at that time. It does not matter if you got it or not. All they have to do is say they did. And, if you have moved since then, rest assured they did send it and it was returned if you did not leave a forwarding.

What State do you live in? Please update your information here as to really assist you, we need to know what State.

We need this before we can proceed. Reason being is if the SOL in your State is 4 years, then that letter is in violation of the FDCPA for threatening to do something they legally cannot do. The whole of what you need depends on this informaiton.

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What State do you live in? Please update your information here as to really assist you, we need to know what State.

Absolutely. Many states regard medical debts as oral agreements and they can, in certain instances, be written agreements. Not only does the difference affect the statute of limitations, it also determines where they can file suit. The type of facility is also important because if services were rendered at a hospital/medical facility owned in whole or in part by the state, county, university or city, there may be no SOL or it may be in excess of 10 years.

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Thanks for the replies....

I'm in California and this is from a private doctor's office. Yes it says on my CR that it was opened in 1999 which is the same time that I had moved so they'd probably sent something to my old address. Also forgot to mention that while the original amount was $180 (on the CR), they say I owe them $210.

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