Collection Agencies

[mom22]

What is the name of your state?Georgia

About 7 years ago my daughter had and accident and we used a doctor out of state. (Tennessee)
The doctor wasn't an in network provider with my insurance. He verbaly agreed to accept what insurance paid. I don't have this in writing. He went ahead and preformed the operation.
I appealed my insurance payment and they paid him more. The balance was supposed to be wrote off.
This was not done and I have been harassed by collection agencies ever since.
I don't feel I owe this bill. What can I do to stop the collection agencies from bothering me?
I received a notice in the mail that appears to be a summons to court. It says if I dispute this in writing within 30 days they will obtain a verification of the debt or a copy of the judgment and mail it to me.
Do I have to appear in court and what are my chance of winning this case?

[somarco]

Why did you use an out of state doctor? Did the accident occur out of state (or near the state line)?

The doc is out of network and as such is not bound by the MCO contract to accept payment by your carrier as "in full". This has gone on for 7 years and still not resolved. It has gone to collections, and now it appears the doc, or the collection agency, is suing to collect.

If you fail to appear in court the doc/agency will be awarded the amount they seek. You may not feel you owe the debt but that is irrelevant. Services were performed. The provider was not paid in full. The amount is owed.

The longer you drag this out the worse it will become. Pay it now or reach a negotiated settlement and move on.

[cmorris]

What exactly did they send you? A collection letter or a summons?

The statute of limitations expired after 6 years. If this debt is over 6 years old, you have an affirmative defense for court.

[mom22]

I used this doctor because he is the one who preformed oral surgery on my daughter's wisdom teeth. We live about four and a half miles from the Tennessee line. His office is about 75 miles from our house. My daughter liked him and felt comfortable with him. He agreed to except what insurance paid. Doctors write of what is disallowed all the time. I have my copies of canceled my checks that I paid before the surgery was preformed.

Why was a court summons issued if the statute of limitation has expired?
That seems like it would be a waste of the courts time.

[cmorris]

If this is a summons, GO TO COURT! Otherwise, you will get a default judgment against you. Your answer will be that the statute of limitations has expired against the alleged debt.

The collection agency should know it is past the statute of limitations, but they don't care. Tons of people don't know about it and either pay it, or get a default judgment (not showing up to court).

Go to [URL=http://www.creditboards.com]creditboards.com[/URL]. There is a lot of information; probably some about this particular collection agency. There is also a forum for people that have been served. Don't waste any time and good luck!

[cbg]

Um, I believe that the SOL varies by state. Just because it's six years in cmorris's state, doesn't mean it's necessarily the same in the OP's state.

[cmorris]

I wasn't basing it on SC.

[somarco]

Even if the SOL has expired on this debt that does not mean the debt has gone away. It appears you have a summons to appear in court. If so you must appear and show why you believe you no longer owe this debt. If you fail to appear, or fail to prove your case, a judgement in favor of the collector will be awarded.

You still have not given a valid reason for refusing to settle this debt. All during this time your credit has been impaired and will continue to be impaired for several years to come even if you prove your case. How much money was originally involved? How much is it now, with interest, collection fee's etc tacked on?

All of this aside, you willingly used a non-network provider but yet you don't want to accept responsibility for that decision.

[Veronica1228]

Originally Posted by somarco

All during this time your credit has been impaired and will continue to be impaired for several years to come even if you prove your case.

This is not true. The delinquency can only remain on her CR for 7 1/2 years after initially being reported, per the FCRA. If this has been on her report for 6 years, then it will fall off in approximately 1.5 years. The OP can get copies of her CR from all three CBs to see if it has been reported and when it will drop off.

Otherwise, cmorris is absolutely correct. The SOL in TN is 6 years from DOLA. You must go to court and use this as your defense. You do NOT have to pay or settle this debt. Don't miss that court date though. If you do, they will win a judgment by default. Call the courthouse and verify the date. CAs are not known for their truthful practices which is why the FDCPA was created.

Good luck!

[somarco]

If a collection agency is pursuing a judgement, it's probably safe to say the item is still on her credit report. Also, there is no way to tell from what is posted when the last payment was made or due. If the SOL has not yet expired there is no defense.

[Veronica1228]

Originally Posted by somarco

If a collection agency is pursuing a judgement, it's probably safe to say the item is still on her credit report. Also, there is no way to tell from what is posted when the last payment was made or due. If the SOL has not yet expired there is no defense.

I agree which is why I told her to get her CR. It will show her the date this debt was reported and the DOLA. I never said that it wasn't on her CR. I said it can only be on her CR for 7 1/2 years. This is the law!

By the way, you are incorrect that if a CA is pursuing a judgment that it is safe to say the item is still on her CR. Apparently, you don't deal with CAs as much as I do. Some states even have SOLs as long as 10 years which exceeds the 7 1/2 years that an item is reported on your CR.

[cmorris]

Somarco, there is no need to attack the OP. She paid what she thought she owed, based on her agreement with the doctor. People deal with collection agencies all the time when they do NOT actually owe them (billing error, ID theft, etc).

I based my response on the OP's post. The credit report will be helpful, but so will any documentation the OP has supporting her last payment. As always, show up to court!

[mom22]

I paid 3 checks the day of surgery.(12/23/98) These checks were the amounts that his office manager said that I owed. One of these were for anesthesia.I worte 2 seperate checks to the doctor because I didn't have enough money in checkings to cover both and had to transfer some later. One check was post dated a few days later. Both checks were good and they both cleared the bank without any problems. I have my canceled checks. Doctors are not stupid they know what out of net work means. He knew perfectly well what kind of insurance I had. He agreed to accept what they paid. This was an oral agreement and I hadn't dealt with health care claims that much at that tim. Stupid me I thought when someone gave you their word you could trust them.
Can I sue the collection agency for taking me to court if the SOL is up?
I thought by law they couldn't post this on your credit record.

I fully intend to go to court and will confirm the date and time.

This medical claim was for my daughter who was 16 at the time. She is now 23. Am I still responsible?

[Veronica1228]

Originally Posted by mom22

I paid 3 checks the day of surgery.(12/23/98) These checks were the amounts that his office manager said that I owed. One of these were for anesthesia.I worte 2 seperate checks to the doctor because I didn't have enough money in checkings to cover both and had to transfer some later. One check was post dated a few days later. Both checks were good and they both cleared the bank without any problems. I have my canceled checks. Doctors are not stupid they know what out of net work means. He knew perfectly well what kind of insurance I had. He agreed to accept what they paid. This was an oral agreement and I hadn't dealt with health care claims that much at that tim. Stupid me I thought when someone gave you their word you could trust them.
Can I sue the collection agency for taking me to court if the SOL is up?
I thought by law they couldn't post this on your credit record.

I fully intend to go to court and will confirm the date and time.

This medical claim was for my daughter who was 16 at the time. She is now 23. Am I still responsible?

It looks like the SOL is expired on this debt, so no you no longer owe it. However, you still need to go to court to prove this. You could try to sue the CA, but you don't have much of a case. It isn't against the law for them to seek a judgment even though the SOL is expired. It's just an act of futility. Also, it is not illegal to report a bad debt to the CBs. Why would you think it is?

[mom22]

Somarco,
I accepted responsibility for using an out of network physician when I wrote checks totaling approx. $1400.00 before he preformed the service. Since he knew I was out of network he could have refused to do the surgery. Why is it my fault? I pay a monthly premium for my insurance, deductible, and co-pay when service is rendered. According to the FTC collection agencies have rules to follow.