Katie

Medical Debt SOL - Need help

Recommended Posts

Hello,

 

I have approx 3k in original medical debt from June of 2009.  My question is - has the SOL exceeded on this debt?

 

Quick back story:  in 2009 I was unemployed, on Cobra.  I had a major heart diagnostic scheduled for a Friday, fell ill with flu on a Thursday and the doctor said we should wait until the following week.   He was not able to reschedule the test until the next Thursday.  Learned shortly after that that my Cobra had ended Sunday night at midnight.   It was not due to cancel out until the end of the month.  I was seen on the 11th.  Tried to work it out - no go with the medical group or Cobra.   Left California in July of 2009.  Now live in Kentucky.

 

Recently began working on my credit.   Of course, all of the charges from this debt/group are on there.     I recently did a debt validation to the CA for all the invoices and today received them back.   Their response to the validation also includes a demand for full payment and the letter states that all information obtained will be used for for the collection of the debt.

 

I am confused about the actual amounts.  One invoice lists the charges - then it shows a "Blue Cross Adjustment" in the payments/adjustment column - however when the debt was transfered to the CA, the full original amount billed by the hospital and doctors is what transferred for collection.  Why would the insurance adjustment be removed?  I am sharing this detail because I am unsure of how I can ascertain and verify the actual amount owed because their statement doesn't make sense to me.   I wonder if anyone here has experience with this aspect of validation.  Do I write another letter asking for further detail on the charges and adjustments? 

 

Before I do anything, I wanted to get help clarifying whether or not the SOL is exceeded.   I appreciate any guidance you can provide.  Thank you.

Share this post


Link to post
Share on other sites

SOL in california on written contract is 4 years.  Did you ever make a payment? If not, then the sol would have started the date the bill was incurred.  So if it was June 09, then it is up the end of the month, or day it was incurred.  Kentucky is 5 years, but I believe you would be able to use California's because that is where you lived at the time, that is where the debt incurred, etc.  If I were you, I would lay low until it expires, then you can send them a note saying I refuse to pay if they keep trying to collect.  If they try after that, you will have them on a FDCPA violation.

 

Anyone else out there, correct me If I am wrong.

 

As far as the insurance adjustment, they were giving you the insurance discount, but in collections, they are not factoring in that discount.  The insurance discount is what blue cross believe the usual and customary charge should be by comparing to other facilities, and if they were covering the item, they would not pay, or if your deductable was not met, you would not pay for more than what the insurance would pay for the same item.

Share this post


Link to post
Share on other sites

The OP is in Kentucky. It will depend on your states SOL if it has expired or not. Check your SOL.

Share this post


Link to post
Share on other sites

Thank you both so much for your input.   I will just not respond to their validation letter/demand for payment and wait until after June.   I was considering an offer to pay for delete of all but the largest one (and hopefully negotiate it without all the interest) - thinking it would best to remove a handful rather than just one.  I cannot do both at this time.  However, I read somewhere recently that unless you are willing to pay the full debt, medical collectors cannot legally accept anything but full payment.    Is this true?

 

I do not know what "OP" stands for.  Can you explain?  Thank you so much.  

Share this post


Link to post
Share on other sites

SOL in california on written contract is 4 years.  Did you ever make a payment? If not, then the sol would have started the date the bill was incurred.  So if it was June 09, then it is up the end of the month, or day it was incurred.  Kentucky is 5 years, but I believe you would be able to use California's because that is where you lived at the time, that is where the debt incurred, etc.  If I were you, I would lay low until it expires, then you can send them a note saying I refuse to pay if they keep trying to collect.  If they try after that, you will have them on a FDCPA violation.

 

 

No, I never made a payment on this.   I had to move to take a job and honestly, I forgot about it in all the chaos of a new job, new city, and adjusting.  I never heard from them after I left California and I did have forwarding for two years. 

Share this post


Link to post
Share on other sites

The OP is in Kentucky. It will depend on your states SOL if it has expired or not. Check your SOL.

Yes I know that, kentucky is 5 years, but she lived and incurred the debt in california, she may be able to use that sol. For california the SOL will be up in June, for Kentucky it will be up in June 2014.

Share this post


Link to post
Share on other sites

Thank you both so much for your input.   I will just not respond to their validation letter/demand for payment and wait until after June.   I was considering an offer to pay for delete of all but the largest one (and hopefully negotiate it without all the interest) - thinking it would best to remove a handful rather than just one.  I cannot do both at this time.  However, I read somewhere recently that unless you are willing to pay the full debt, medical collectors cannot legally accept anything but full payment.    Is this true?

 

I do not know what "OP" stands for.  Can you explain?  Thank you so much.  

 

Yes and no.  Dealing directly with the hospital they usually don't.  If insurance was involved, they don't becasue they have an agreement with the insurance company, and you have an agreement with the insurance company-- you are responsible for a deductable, then a certain percentage after that deductable is met.  If they took less, they are frauding the insurance company.  If no insurance was involved, then they can settle for what ever they want to settle for.

Share this post


Link to post
Share on other sites

Thank you for your comments.

 

The insurance did not make any payments.   The only mention of insurance on the invoicing sent by the CA to me after the validation request is the adjustments I mentioned above.  But, there is no actual payment listed.  In fact it has a zero in that column.   This might help me negotiate it down enough that I can pay it all off and get it removed from my credit.   I think I will wait until the end of June for the SOL to expire and then contact them with an offer to pay for removal.     Otherwise it will be on my credit for another 3 years.  

 

I appreciate all of your guidance very much.  It is very overwhelming at times.   Further, the credit system is such that once you make a mistake rectifying it is far from easy - and from what I understand, paying a collection without negotating removal just hurts your credit even deeper.   Crazy.   Where the logic sits in that - or whoever thought that policy up - I have to assume finance companies must be in the pocket somewhere.   Afterall,  it only serves those lending the money to have people with troubled credit.   There should be incentives for people to go back and pay for their bad debt.  Not amnesty - but a reduced time it reflects on the report, increased credit scores - something other than "thank you for paying - now we are going to punish you further by dropping your score for even bothering to try and make things right.  Have a nice day!"

 

Anyway - thank you all again.  I appreciate you taking time to help me understand how this works.

Share this post


Link to post
Share on other sites

However, I read somewhere recently that unless you are willing to pay the full debt, medical collectors cannot legally accept anything but full payment.    Is this true?

No, it depends on your negotiation skill as to how much you will actually pay.  

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.