Old Debt

[olikolik]

What is the name of your state?Ohio

I just recieved a call from a collection agency stating that I have past due hospital bills from March and December of 2000. After questioning them I found out that in 2000, my parents were still paying my medical bills under their insurance. Apparently these two bills never got payed, and after they tried to get the money from my parents they have decided that since I was over 18 they will remove the debt from them and place it on me. On October 6 2004, they put removed this account from my father's name and placed it in collection under mine.

I requested a copy of the bills from them, but I am not sure what I have to do now. What can they do if I decide not to pay a debt that is four years old. They were rude and refused to reveal any consequences if I do not pay.

Any help is appreciated.

 

[djohnson]

Were you 18 at the time of surgery? or are you 18 now and they decided to go after you now? This makes a difference.

 

[olikolik]

I was 18 at the time of the surgery, my parents still payed my bills while I was in school.

 

[cmorris]

The SOL is as follows:

STATE: OHIO

INTEREST RATE
Legal: 10%
Judgment: 10%

STATUTE OF LIMITATIONS (IN YEARS)
Open Acct.: 4
Sales Contract (UCC2-725) 4
Written Contract: 15
Domestic Judgment: 21 renew every 5
Foreign Judgment: 21 renew every 5

Source: http://community-2.webtv.net/YCHANGE/STORAGE/page16.html

What they can do to you if you refuse to pay:
Send collection letters and/or phone calls
Report to your credit report
Sue you and possibly get a judgment

If they do get a judgment, here are a few possibilities:
wage garnishment
property lien(s)
seize bank accounts

I don't think you want to go that route. Better to deal with this head on. As this debt is w/in the statute of limitations, you may want to try and settle this. You could try a pay for delete (since you are dealing w/ a CA, it is likely on your CR's).

You could send a debt validation request, seeking proper validation (not a computer printout) as required by the Fair Debt Collection Practices Act (FDCPA), FTC opinion letters, and case law. If by chance they cannot validate in thirty days, they cannot continue to collect on this debt or report to your CR's (unless disputed, which is neutral). Send all letters certified mail return receipt. You can also provide a written request to only contact you by mail (CMRR). Stay off the phone. If they do provide proper validation, it at least buys you some time.

 

[Tayla]

Hmmm...this poses some interesting question (more then answers). But, I beleive the poster basically said the account was transferred over into his/her name AFTER the original creditor ( meaning medical practice) couldnt collect. Most medical places require a person/parent/guardian to *sign* for any due billings that supercede those re-imbursed thru insurance. This leads to two questions: 1: Since the poster was a *dependent* under his parents insurance that leads me to question the validity of transferring full payment due over to him/her. 2. It leads me to beleive that his/her parents were the ones to sign for any excess billings and thus are the owners of said debt.
3: Possibly the insurance company needs to be brought in on this matter if her/she was under full coverage for the medical treatment received and provided for under the policy.
As to what to do. Request written validation that the original debt was in your name . if so, negotiate for reasonable payments. Meanwhile Im going to go apply for some 'bout to be blasted for giving poor advice' insurance '

 

[cmorris]

Hmmm...this poses some interesting question (more then answers). But, I beleive the poster basically said the account was transferred over into his/her name AFTER the original creditor ( meaning medical practice) couldnt collect.

**True

1: Since the poster was a *dependent* under his parents insurance that leads me to question the validity of transferring full payment due over to him/her.

**I agree; that's why I mentioned proper validation. The CA can't get it. But sometimes pay for delete (if in writing) is easier.

2. It leads me to beleive that his/her parents were the ones to sign for any excess billings and thus are the owners of said debt.

**I agree again!

3: Possibly the insurance company needs to be brought in on this matter if her/she was under full coverage for the medical treatment received and provided for under the policy.

**If it wasn't from 2000 I would agree. Most insurance companies will state you only have a year (from my experience) or so to file a claim or dispute a denied claim.

As to what to do. Request written validation that the original debt was in your name .

**The CA may have the OP's name but they will not be able to provide proper validaton, based on the info provided here. But again, a pay for delete is sometimes easier if the bill is minimal.

I do agree with you on most parts. I just think it is futile to bring the insurance in to it at this point. The CA won't provide validation, but they may just sell to another CA. A pay for delete would ensure it is paid, w/o affecting the OP's credit report. It just depends on what the OP wants to do.