golden813

Recieved CA letter for debt that is from 5/18/2010

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I have received a letter from CA March 21st,2016 for a past hospital bill. Debt is from 5/18/2010 this debt is already on my credit report.

Why am I receiving this letter for collection now? I live in Nebraska and I thought the statue of limitations is 5 years.

Concerned this is not a valid CA.  What do I do?

I'm 61 and unemployed

thank you

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It is beyond 5 years which means they can't sue you, but they can still send letters asking you to pay.  If this were mine, I would do two things.  First, I would send a letter to all the CRAs that are reporting this debt and dispute it with them.  If you see no errors in their reporting, I would use either "not mine" or "too old to report" as the reason I am disputing.  If they do not remove the account I would follow up with an MOV letter.

Next I would respond to the collection letter with a letter that simply says "Please do not contact me any further regarding this alleged debt."  I would send it CMRRR so I have proof they received it.  If I am contacted any more by the collection agency, I would immediately contact a consumer attorney who does regular FDCPA work and collect my $1000 from them.

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Thank you so much for taking the time to respond to my questions.

1.)Just so I'm understanding the CA and or the hospital can still put this on my credit repost up to five years from the debit?

2.)Do you know how long the debit stays on credit report?

3.)Is this considered an open debit?

I WILL TAKE YOU ADVISE

I will send the CA a certified letter ""Please do not contact me any further regarding this alleged debt." 

Thank you so much

golden813

 

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1 hour ago, golden813 said:

1.)Just so I'm understanding the CA and or the hospital can still put this on my credit repost up to five years from the debit?

Yes.  There are TWO SOLs.  One for suing you which is 5 years and one for reporting to the credit bureaus which is 7 years 6 months past the date of care/default.  One has nothing to do with the other.  Not being able to avail themselves of the courts does not mean they have to stop reporting.

1 hour ago, golden813 said:

2.)Do you know how long the debit stays on credit report?

7 years 6 months past the date of care/default.

1 hour ago, golden813 said:

3.)Is this considered an open debit?

It might be considered an open collection.  It is an active debt as long as it remains unpaid.  Over time it doesn't mean the debt no longer exists only that their remedies to collect become severely limited.

 

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2 hours ago, golden813 said:

Thank you so much for taking the time to respond to my questions.

1.)Just so I'm understanding the CA and or the hospital can still put this on my credit repost up to five years from the debit?

2.)Do you know how long the debit stays on credit report?

3.)Is this considered an open debit?

I WILL TAKE YOU ADVISE

I will send the CA a certified letter ""Please do not contact me any further regarding this alleged debt." 

Thank you so much

golden813

 

As @Clydesmom said, they can legally report on your credit reports up to 7 years from the date of default.  However, from what I read, in NE they can no longer sue after the 5 year mark.  Even though it hasn't been 7 years yet, many time I find that once you pass 6 years, which you are very close to,  many times a CRA will go ahead and remove the account if you say it is too old to be reporting.  They don't really always go 7 years to the day because they don't want the possibility of mistakes costing them lots of money and time with lawsuits against them.

If you are asking about "open debt" for SOL reasons, I would say the type of debt is a written contract subject to the 5-year SOL.  If you are asking because they are reporting it as "open" on your credit reports, then yes, like @Clydesmom said, the collection account is technically "open" because they are still collecting on it.

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