Statute of limitations for medical collections in California

[Martin]

Sorry I'm posting again but I used the CA abbreviation for California before realizing it could mean Credit Agency.

So, is there a statute of limitations for medical bills gone to a collection agency? I spoke (yes, I know I ought not have) to a phone rep. from a collection agency and she said there was no SOL for medical bills in California. After reading Good Credit is Sexy, I was under the impression that it was 4 years.

Any input is appreciated. Thanks.

[hiya1980]

I checked on ExpertLaw and they say 4 years. They also say if you had insurance to have the collection firm resubmit the bills to the insurer.

[retmar]

The SOL is 4 yrs. Go to top of page and click on "statute of limitations". Scroll to CA and click. Click on the referenced statute to get the info you need.

On page 1 of this section, you will find stickys. Click on the one for California Law. Also click on the one for Medical Collections. Read them all very carefully.

If you are positive this bill is over 4 yrs old, all you need to do is send this CA a C&D letter by CMRR telling them to close, delete, and go eat Maggot Droppings. Allow them 10 days to postmark a letter to you, on their letterhead, signed by an authorized person, that they have complied. Failure to do so can or will result in their being named as a defendant in a civil suit in a court of proper jurisdiction, period. It is illegal and a violation in California to "even attempt to collect a claim too old to be enforced". This CA has no legal recourse, none. Use the date of service plus at least 30 days to figure the DOFD.

Regarding the comment about resubmitting to your insurance, read the sticky. The comment does not include all that must be known before doing this. Any other questions, ask me.

[Martin]

Dear Retmar,

Thanks for the information. I read the stickys you mentioned. However, I did not have insurance at the time as it was an ER visit.

I am certain it is past the four year mark as 10/03 was the time of the event and 4/04 was the last time I made a payment/action was taken.

So, do I just send a cease and desist letter such as the one from the CD of Good Credit is Sexy and use the California SOL law as the reason?

Thanks again.

Martin

[retmar]

That is all you have to do.

Be sure and include your conversation with the rep. Give date, time, name, and main points of conversation, such as "he/she said there was no SOL". If you did not note all, yes, you should have, just include to the best of your ability, such as "on or about 1/1/1, I spoke to ADUB #1, and the conversation included my being told that there are no SOL's on medical debts". You get the drift.

In your letter be sure and include the verbiage "it is illegal and a violation to even attempt collection of a claim too old to be enforced". Then cite Kimber v Federal Financial. You may read this by going to the website referenced in the 2nd posting of the sticky on California law. Since it doesn't work anymore, just type in the address and go. Scroll to Article 2.6 and click on the footnote #63 or 4 (?). You would cite the sections CCC 1788.14 and CCC 1788.17, then continue with mentioning the federal statute at FDCPA 1692(e)(2)(A). CCC1788.17 puts them in violation of the federal statute.

IF this is being reported and you never received any written communication as to this being reported, you also have them in vioation of CCC 1785.26(. But, here you must have proof they knew your current whereabouts at all times. By this, if you moved since this debt originated, it will be hard to prove negligence, though you could still challenge it. It is just more difficult to prove.

To add, if you made any payments on this in that period of time, it did not reset the clock unless you signed a new agreement or contract. To restart the clock in Claifornia, you must sign a new one.

[Martin]

Dear Retmar,

Thanks for the advice. Monday I will be taking your advice and composing the Cease and Desist letter including the references you made in your last post.

I appreciate the help.

Sincerely,

Martin