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Daniel N. Gordon, P.C. office contacting me :(


tjiva
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I have an old debt - 6-7 years old, I never paid on it that I can recall. Daniel N. Gordon, P.C.  office is now contacting me about this debt. Started with Care credit (medical bill) then to Midland Then GE Money, now Daniel N. Gordon, P.C. . Before I started reading all about debt and how best to manage and educate myself, I made a payment to them on this old debt, starting to wonder if that was a bad idea. Now I am not sure how to handle it as I made payment arrangements. The debt is 3 times what it was when i first obtained it and I have read this office like to sue a lot. 

 

1. I do not know how to tell how old the account is (not the date it was opened but what date do I go by for the SOL?

2. Should I continue to make payment arrangements and payments?

3. Is it worth settling on?

4. Can I get it removed from credit if it was opened 7 years ago?

5. Can and will they sue me for this bill? Balance is now almost 4,000; original bil was for 1100 ish

 

Love any tips, info or advice~

 

 

 

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I have an old debt - 6-7 years old, I never paid on it that I can recall. Daniel N. Gordon, P.C.  office is now contacting me about this debt. Started with Care credit (medical bill) then to Midland Then GE Money, now Daniel N. Gordon, P.C. . Before I started reading all about debt and how best to manage and educate myself, I made a payment to them on this old debt, starting to wonder if that was a bad idea. Now I am not sure how to handle it as I made payment arrangements. The debt is 3 times what it was when i first obtained it and I have read this office like to sue a lot. 

 

1. I do not know how to tell how old the account is (not the date it was opened but what date do I go by for the SOL?

2. Should I continue to make payment arrangements and payments?

3. Is it worth settling on?

4. Can I get it removed from credit if it was opened 7 years ago?

5. Can and will they sue me for this bill? Balance is now almost 4,000; original bil was for 1100 ish

 

Love any tips, info or advice~

 

1.  You go back to the date you made that last payment.  That reset the SOL to that date.

2.  Without knowing what state you are in or what you agreed to when you made the last payment there is no way to know.

3.  IF they can sue you and get a lot more or you reset the SOL where it can report well beyond next year:  yes.

4.  Not if you reset the SOL by making at least a minimum or greater payment.  That resets the SOL for reporting too.  If they agree to delete as part of settlement: yes.

5.  What state are you in?  The SOL in some states is as much as six years but there are a couple that have really long SOLs of 10 years.  

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What state are you in?

What state was the debt created in?

When did you make the payment arrangements?

When was your last payment?

Did you ever dispute the debt with the original creditor or any of the debt collectors?

 

Being that this is for a medical bill, there may be some HIPAA angle here, but I personally don't have experience with this so do a search in the forum to see what's out there already.

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Being that this is for a medical bill, there may be some HIPAA angle here, but I personally don't have experience with this so do a search in the forum to see what's out there already.

 

There is NO HIPAA "angle" to pursue as it is not a violation to report medical debt on a credit report.  This isn't even a provider reporting.  The OP had a credit card for medical expenses through Care Credit which works like a MasterCard or Visa but only with medical providers.  What ever provider took care of them has been paid and is not the one chasing the debt.  It is the creditor  Care Credit and their subsequent CAs or JDB.  

 

If you don't have experience with HIPAA then it is best you not give advice about dealing with debt regarding it.  DO NOT believe what you read from fringe nut cases on other forums that all you have to do is dispute medical debt as a HIPAA violation and it will disappear because there is absolutely NO truth to that what so ever.  

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What state are you in?

What state was the debt created in?

When did you make the payment arrangements?

When was your last payment?

Did you ever dispute the debt with the original creditor or any of the debt collectors?

 

Being that this is for a medical bill, there may be some HIPAA angle here, but I personally don't have experience with this so do a search in the forum to see what's out there already.

I appreciate the candor regarding the lack of personal experience with HIPAA. Your suggestion to "do a search in the forum" is sound, non-legal advice that should be well received by all, (especially the site owner and a first time poster).

 

As always the Internet is only reasonably "safe" for thinking adults to use. Others should avoid the Internet and seek professional help. :-)

 

Daniel N. Gordon, P.C. is most likely located in Eugene, OR and likely practices in the Northwest.

 

An interesting case that Mr. Gordon argued on behalf of UNIFUND CCR PARTNERS, Plaintiff-Appellant in an apparent effort to "save" the poor defendant from..."As a result of the tolling statute, plaintiff contends, application of the Delaware statute of limitation would create an indefinite limitation period, effectively depriving defendant of any statute-of-limitation defense in Oregon."  http://scholar.google.com/scholar_case?case=6807850077391950572

 

Maybe the solution is for non-residents that are sued, on an applicable alleged debt, is to move to Delaware to enforce that 3 year SOL. Wait, that is ludicrous. Cancel the moving van!

 

Whether the OP should continue making payments on their agreement is going to depend almost exclusively on the OP. Everyone's situation is different. Their skills and resources are different. I am a fan of leverage in producing favorable results.

 

Which person is likely to achieve a more favorable resolution for themselves regarding an alleged debt?:

1.) a person that is comfortable defending a collection suit even if in person in court;

2.) comfortable negotiating favorable settlements with opposing's attorney;

3.) with a $500 JDB alleged debt;

4.) happens to be execution of judgment proof; and

5.) is engaged.

Or

a.) a person scared to death that the knock at the door is a process server with a summons;

b.) scared to death they may have to speak to opposing's attorney not to mention speaking to a real, actual black robed judge;

c.) with a $25,000 OC alleged debt;

d.) with sufficient non-exempt assets/income that are readily available to opposing should they get a judgment; and

e.) with their head in the sand.

 

People are different, their situations vary, and one size does not fit all.

 

I am not likely to get involved in a payment plan with a party I do not trust.

 

As for settling, I would think that it makes sense for many people to seriously consider a favorable and acceptable lump sum settlement instead of litigation. Personally, I have never been able to produce such a settlement offer prior to or shortly after litigation when I was positioned as a likely/actual defendant. I have had some success when I was acting like a plaintiff.

 

Just about anyone with the filing fee and a printer can sue at any time for just about any reason. If they happen to be a bar member focused on the collection industry then suing is pretty much how they make their living so the odds are much higher that they will look for an excuse to file a lawsuit IMHO.

 

A consultation with a competent consumer attorney of good reputation (or three) might be a good way to address specific questions and gain valuable insights on the best path to take. It is possible they may also be able to assist in favorably and affordably resolving the matter.

 

A person has to know their own limitations and plan accordingly.

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