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fighting a collection

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gr8one6680

Junior Member
What is the name of your state (only U.S. law)? Kansas
Statue of limitations on a debt in Kansas for small claims court. I was given a breathing machine for my infant daughter. After having it for a month or so they told us we had to pay for it instead. We even returned the machine after she was well. Said it didn't matter. It was given to a collection company by then. It was originally 78.73. Now they have added 39.36 collection fee and rebilling fees of 690.00. Now they are threatening me with a summons to court and make me pay for that and court fees also. The letter they sent states it has been past due 46 months. I refuse to pay a cent over the 78.73 and don't even think I should pay that since the medical equipment was returned in working condition.
 


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tranquility

Senior Member
gr8one6680 said:
What is the name of your state (only U.S. law)? Kansas
Statue of limitations on a debt in Kansas for small claims court. I was given a breathing machine for my infant daughter. After having it for a month or so they told us we had to pay for it instead. We even returned the machine after she was well. Said it didn't matter. It was given to a collection company by then. It was originally 78.73. Now they have added 39.36 collection fee and rebilling fees of 690.00. Now they are threatening me with a summons to court and make me pay for that and court fees also. The letter they sent states it has been past due 46 months. I refuse to pay a cent over the 78.73 and don't even think I should pay that since the medical equipment was returned in working condition.
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Make a deal or get hailed into court.
 
Zigner

Zigner

Senior Member, Non-Attorney
gr8one6680 said:
What is the name of your state (only U.S. law)? Kansas
Statue of limitations on a debt in Kansas for small claims court. I was given a breathing machine for my infant daughter. After having it for a month or so they told us we had to pay for it instead. We even returned the machine after she was well. Said it didn't matter. It was given to a collection company by then. It was originally 78.73. Now they have added 39.36 collection fee and rebilling fees of 690.00. Now they are threatening me with a summons to court and make me pay for that and court fees also. The letter they sent states it has been past due 46 months. I refuse to pay a cent over the 78.73 and don't even think I should pay that since the medical equipment was returned in working condition.
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What does your written contract say?
Had you paid the $78.73 in the first place, you wouldn't even be here.
 
P

Proserpina

Senior Member
gr8one6680 said:
What is the name of your state (only U.S. law)? Kansas
Statue of limitations on a debt in Kansas for small claims court. I was given a breathing machine for my infant daughter. After having it for a month or so they told us we had to pay for it instead. We even returned the machine after she was well. Said it didn't matter. It was given to a collection company by then. It was originally 78.73. Now they have added 39.36 collection fee and rebilling fees of 690.00. Now they are threatening me with a summons to court and make me pay for that and court fees also. The letter they sent states it has been past due 46 months. I refuse to pay a cent over the 78.73 and don't even think I should pay that since the medical equipment was returned in working condition.
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Read this: http://credit.about.com/od/statuteoflimitations/g/kansassol.htm

You returned the equipment, that's all fine - but you hardly returned it new and unused. You might find that's their argument (and it's a solid argument) and you'll also find that typically medical supply companies aren't fond of "renting out" equipment for free.

Have they been chasing this for years or is this the first time you're hearing about it? Did you ignore letters and such?
 
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gr8one6680

Junior Member
what about the statute of limitations? It has been almost 4 years. I believe Kansas has a three year and five year statute. Plus the excessive billing done and a letter threatening me if I don't pay.
 
Zigner

Zigner

Senior Member, Non-Attorney
gr8one6680 said:
what about the statute of limitations? It has been almost 4 years. I believe Kansas has a three year and five year statute. Plus the excessive billing done and a letter threatening me if I don't pay.
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Do you have a written contract?

Telling you that they intend to file suit if you continue to ignore them is a warning, not a threat.
 
G

gr8one6680

Junior Member
Zigner said:
What does your written contract say?
Had you paid the $78.73 in the first place, you wouldn't even be here.
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It was given to us with no written contract. They then came back saying we owed them money for it. the original company Care-4-all gave it to another company for collections, C and D Solutions. They went after my infant daughter first. I ignored it because by the time see would be 18 it would have been long gone. Then they realized what they were doing and switched it to my name. and that is when they had driven the cost up to 600 something. I contacted the collection agency telling them I had returned the equipment. they said it doesn't matter.
 
Zigner

Zigner

Senior Member, Non-Attorney
If there truly was no contract, then tell them that the statute of limitations has expired and that you expect them to cease communicating with you about this matter.
 
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gr8one6680

Junior Member
Zigner said:
If there truly was no contract, then tell them that the statute of limitations has expired and that you expect them to cease communicating with you about this matter.
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who would I contact if they say they won't stop or keep communicating about it? I called Car-4-all, asked some questions. they said there are no contracts with doctor prescriptions and insurance determines whether it is a purchase or rental. Basically Care-4-all said take insurance will cover it about 6 weeks later they said we had to buy it. my wife wasn't working then and with a new kid money was tight then, so we really couldn't pay it.
 
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Proserpina

Senior Member
And one thing about that. DO NOT IGNORE THE LAWSUIT (if they sue). Don't assume that the law means it'll get tossed out automatically - it won't, because you actually have to raise the SOL as a defense. Otherwise they'll get a default judgment and that's just a royal pain in the derriere to deal with after the fact.
 
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