Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-11-2005, 06:44 PM
Junior Member
 
Join Date: Jan 2005
Posts: 1

5 year old debt


Washington State.
History: I was contacted by a collection agency (agency) regarding an alleged unpaid bill from a trip to an emergency room in April of 2000. I cannot find any information on that bill after contacting the hospital or the emergency room physician's billing service. The agency informed me that their last information on this bill was that I was to contact the emergency room regarding the unpaid bill and they had not heard back from me or the emergency room since 2001 (I am not clear on the exact date of this interaction). The agency stated they cannot fax or email the information regarding the alleged unpaid bill due to HIPAA regulations. Since this is 5 years old I was skeptical that this was a credible debt, so, I did not provide the agency my home address. I did provide a fax number and offered an email address.

Questions:
1. Is there an amount of time (statute of limitations) on this sort of collection?
2. Can they charge me interest for the past 5 years since they did not contact me in that time?
3. Since I had health insurance at the time that should have covered this claim, can I expect the insurance company pay off this debt? (I changed insurance companies.)
4. The agency personnel were insulting, threatening and tried to embarass me into providing personal information (address, employer, etc.). The WA state office of the attorney general published guidelines that a collection agency may not do these things. I submitted a formal complaint after talking to agency a second time to complain to their main office but all they did was more of the same. Could I have a claim for damages against the collection agency?
  #2  
Old 01-12-2005, 09:01 AM
Member
 
Join Date: May 2004
Posts: 633
Quote:
Originally Posted by biojay
Washington State.
History: I was contacted by a collection agency (agency) regarding an alleged unpaid bill from a trip to an emergency room in April of 2000. I cannot find any information on that bill after contacting the hospital or the emergency room physician's billing service. The agency informed me that their last information on this bill was that I was to contact the emergency room regarding the unpaid bill and they had not heard back from me or the emergency room since 2001 (I am not clear on the exact date of this interaction). The agency stated they cannot fax or email the information regarding the alleged unpaid bill due to HIPAA regulations. Since this is 5 years old I was skeptical that this was a credible debt, so, I did not provide the agency my home address. I did provide a fax number and offered an email address.

Questions:
1. Is there an amount of time (statute of limitations) on this sort of collection?
2. Can they charge me interest for the past 5 years since they did not contact me in that time?
3. Since I had health insurance at the time that should have covered this claim, can I expect the insurance company pay off this debt? (I changed insurance companies.)
4. The agency personnel were insulting, threatening and tried to embarass me into providing personal information (address, employer, etc.). The WA state office of the attorney general published guidelines that a collection agency may not do these things. I submitted a formal complaint after talking to agency a second time to complain to their main office but all they did was more of the same. Could I have a claim for damages against the collection agency?
1. Here's info on the statute of limitations: [url]http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml[/url]
I'm not sure what medical bills would fall under - written?? - 6 years SOL.

2. If interest is allowed, per the agreement you would have signed, then yes.

3. Doubtful that the insurance company would now pay.

4. If they violated the FDCPA, you can take them to small claims court.
Check this link: [url]http://www.creditinfocenter.com/eBooks/PoorMansClassActionLawsuit.shtml[/url]
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:06 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.