I was wondering if someone could clarify a matter of confusion for me,(some times Im a little slow,lol).I am trying to figure out what hospital bills fall under as far as contractual obligations concerning sol law. I have a hospital bill from an emergency room visit.Is it a)an open ended account or is it b)a written contract. This makes a big difference on a sol in my state anyone know? godaddyo Live Long and Prosper
Lizard King thanks for the information, but I am still little confused I guess on certain types of debts is a hospital bill a written contract or a open ended account under the law, I realize that every state has different lenghts for sol's i am just trying to figure out what type of debt it is. By the way congrats on your credit recovery!!! Godaddyo
Godaddyo: For all intent and purpose a hospital debt could be considered a written contract, if documents were executed in the course and scope of creating the debt. For instance, if one signs an admission form the implication insofar as legal affect is that treatment would be rendered in exchange of good consideration (money). Now since most (if not the overwhelming majority) of hospitals require signing papers, sometime during oneâ??s stay and/or treatment. Any one of those could be considered a contract under implication. Be that as it may, hospitals (universally) require expressions of financial status â?? responsibility â?? forms (insurance, authorizations, etc.). These are considered express contracts that specify whom is to pay for what, relative to treatment. You may have signed one and donâ??t remember, yet they are binding written contracts; thus falling under that category in relation to statute.
Thanks for the clarification, it is the worst scenario though because in my state the sol is 15 years. Thats right 15 long and lovely years. Are there any special ways of negotiating with creditors or collection agencies in regards to these types of debts? (hospital bills from different creditors) Thanks again, godaddyo "live long and prosper"
Godaddyo: Youâ??ll often read me preach on this board (and others) about tactical positioning, meaning to negotiate in such a way as to address oneâ??s opposition concerns while limiting exposure. With that in mind, answer some key questions so I can point you in the right direction? In what state do you currently reside? In what state was each debt incurred? The amount of each? Identify each being handled by a collection agent Location of each agent representing a creditor Have any (to your knowledge) been sold? Do you have available capital resources to pay a lump sum of at least 40% against each? Please understand Iâ??m not aiming to be nosy here, just accurate from a tactical standpoint. This entails knowing a few particulars that you may feel more comfortable expressing through private email, which Iâ??ll then transfer to the board (discretely) for everyoneâ??s benefitâ?¦ Nonetheless drop me a private post after you reply, sort of as a heads up? MAV-Net@CreditDefenses.com
In what state do you currently reside? In what state was each debt incurred? The amount of each? Identify each being handled by a collection agent Location of each agent representing a creditor Have any (to your knowledge) been sold? Do you have available capital resources to pay a lump sum of at least 40% against each? Lets start of with what you asked: state: Ohio Debt incurred in Ohio Amounts: 99.00 and 40.00 Both are being a collection agent Location of agents representing creditor: Ohio I believe that these debts have been sold to only these two agencies by the creditors. These are small debts and that makes them harder to negotiate, but I have lots of capital Thanks Godaddyo live long and prosper
Godaddyo I live in Ohio as well - I have a few medical collections I've dealt with too. That letter u posted worked with one of them. Good luck, Kelly
Godaddyo: Because of the dollar amounts regarding your situation, discounts or direct credit report redresses are totally out of the equation. Truly, when you initially mentioned medial related accounts I thought you meant in much greater amounts â?? perhaps as a result of some catastrophic event. My bad, I assumed they were much more than $90 and $40 bucks. Nonetheless, hereâ??s how I recommend you handle the situationsâ?¦ 1) Determine when (what dates) the items were reported. If they are such that waiting until they fall from reporting statute (the 7-year rule) is in-line with your personal credit goals, then wait until they drop off (or should). Otherwise, proceed to the following steps. 2) Using a friend or relativeâ??s mailing address (preferably one out-of-state or as far away as possible), send the collection agents full payment using ONLY money orders â?? no personal checks or other identifying items. 3) About mid-January of next year, dispute the trades through appropriate CRAs. This is for two (2) reasons; i) collection agents are swamped around January, and ii) the amounts are insignificant enough that (especially during January) theyâ??re much more subject to neglect â?? oversight as being too small to mess with. 4) If the accounts come back verified request an appeal through the appropriate CRA. Be specific here demanding substantiation that the debts are yours, such as contracts sufficient to support a reporting right. Again, because of the dollar amounts the probabilities are with you that the collection agent(s) wouldnâ??t bother responding, especially since theyâ??ve already been paid. 5) If the appeal comes back with verifiable proof, wait 90-days and start the dispute process over. Generally, CRAs donâ??t object to additional disputes as being frivolous, after three (3) months â?? but this depends. Once again, because the dollar amounts are so low, the probabilities are with you that your file wonâ??t be flagged. Sorry I canâ??t be of more help but if we were talking about nine grand, rather than $90; about $4000, rather than $40 Iâ??d have lots more to recommend. Yet because we arenâ??t there isnâ??t any incentive for the collection agents to cooperate, and (by the way) correspondingly Iâ??d laugh (at them) if theyâ??d bother litigating for recovery. So if there is a silver lining here, itâ??s that, Ohio SOL being as it is youâ??ve (in all real-world probability) nothing to worry about as far as recovery litigation. I seriously doubt the collection efforts will persist in any form other than a letter series, and maybe a phone call or two if the collectors get board or are REALLY hurtin for business.
4) If the accounts come back verified request an appeal through the appropriate CRA. Be specific here demanding substantiation that the debts are yours, such as contracts sufficient to support a reporting right. Again, because of the dollar amounts the probabilities are with you that the collection agent(s) wouldnâ??t bother responding, especially since theyâ??ve already been paid. Anthony, Can you clarify this for me. I was under the impression that the creditor or ca must validate and the CRA only has to verify, or is that what you are implying here?
Godaddyo: Original creditors do not validate under FDCPA, although state law may require them to do so. Yet generally you are correct in that the CA must â?validateâ? and the CRA â?verifyâ? with the CA (or reporting entity whether creditor, collection agent or other reporting party).
Re: StatuTTTTe of Limitations!!! I Know it is a pet peave...but the Subject has continued UNEDITED!!! ---->>>IT IS STATUTE not STATUE of limitations!!! The difference is not just a matter of grammar it is a matter of pride!! -Dave
Re: "Statue" of Limitations!!! Yeah, Humpty Dumpty had the same mindsetâ?¦ (Right before he cracked his tushie.) So much for the compulsion to pick dust particles off oneâ??s monitor, individually.
Re: "Statue" of Limitations!!! "STATUE" of limitations? Seinfeld once mocked this common mistake, suggesting that they call it the SCULPTURE OF LIMITATIONS Saar
