Mother made payment on my behalf- DOLA??

[LES1234]

Brief History: Medical Service provided on 11/2000. I was 21 years old. Insurance Policy under Mothers name. Insurance Company Investigated Claim. OC hounded my mother to make a payment during this investigation. She made a 20% payment to the hospital in May 2001. No other payment was made.

Mother informed me that insurance paid the claim. I recieved my credit report recently and a CA is reporting this as a collection. Amount $6000.00.

I spoke with the insurance company and they said the claim was denied because of an existing condition. I tried to fight, but lost.

All this time has passed and no one has paid the hospital.

I need to understand my SOL. The CA is reporting this on EQ with DLA of

06-2005. I live in IL.

If my mother made a payment on this bill ( to the OC) without my knowledge or approval, does it reset the DOLA? I can prove that she made the one time payment. She just gave me all the records.

I understand that the CA is re-aging this reporting the DLA as 06-2005. However, I do not want to open the sleeping giant before I know for sure when the DOLA is.

Can an OC collect payment from the party not responsible for the debt????

[gypsie]

You may want to check your state's laws on SOL- to know for certain which type of account Medical bills fall under. I have seen some say "written" and some say "open". For me, (in MS)- medical is considered a written contract.

"If my mother made a payment on this bill ( to the OC) without my knowledge or approval, does it reset the DOLA?" - Yes, in most states it does. A promise to pay or partial payment can renew the statute/restart the clock FOR COLLECTING in many states (you need to read your own state's rule to know for sure).

"I understand that the CA is re-aging this reporting the DLA as 06-2005. However, I do not want to open the sleeping giant before I know for sure when the DOLA is."

I'm Confused- because you also said

"I can prove that she made the one time payment. She just gave me all the records." -

So, are you saying you know for sure the DOLA/payment or any promise to pay was indeed May 2001?

"Can an OC collect payment from the party not responsible for the debt????" - Probably yes, most OCs do not care where the money comes from as long as they get paid. I have paid a hospital bill for an exboyfriend in the past- no questions asked.

Have you or your mother ever recieved any statements from the CA or the OC?

[LES1234]

Gypsie,

Yes, a payment was made on May 2001, and the DLA is in the report as

06-2005 from the CA.

I recieved an initial statement from the OC to outline what the insurance was to pay, they had 60 days. Nothing after that, never been contacted by CA.

I have been over this entire site, and there seems to be some confusion on the classifcation of medical debt. (open account or written).

I would imagine that with so many medical debts problems in these boards, one would be able to shed light on past experiences.

Does anyone have experience with the classification of medical debt in IL?

[gypsie]

hopefully someone from Ill with have a response for you, if not you may want to contact your AG's office tomorrow and ask.

Obviously, finding out which account it is considered to be by Ill state law - is your first step- that will determine which way you should approach the debt

However, reaging by a CA is a violation of FCRA Section 605 © and you are within your rights to sue them