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  1. #1
    Join Date
    Aug 2012
    Posts
    2

    Default Attorney Attempting to Collect Debt for Which I Was Never Billed

    My question involves collection proceedings in the State of: Texas

    I received services from a health care company 8/27/2009. The company filed a claim with my insurance company, which paid the claim. I have never been billed for any remaining balance. That company has since filed Chapter 7 bankruptcy. I received a letter 8/23/2012 from an attorney appointed by the Bankruptcy Trustee attempting to collect the debt (for which I was never billed as stated above). Is there a time limit within which the medical care provider must bill a patient? Can the company bill me now that they are in bankruptcy, or is there no debt since I was never billed?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Attorney Attempting to Collect Debt for Which I Was Never Billed

    Prove you were never billed. You are obviously aware you showed up for the appointment to incur the debt. You failed to follow up on the bill, so pay it already.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Attorney Attempting to Collect Debt for Which I Was Never Billed

    yes, there is and I do not believe the limitation period has expired. I believe the time period is 4 years so that gives them one more year.

    How do you know they didn't send you a bill? It could have been lost in the mail. The address you provided may have not been correct. Have you moved since then? It could have been inadvertently thrown away.

  4. #4
    Join Date
    Aug 2012
    Posts
    2

    Default Re: Attorney Attempting to Collect Debt for Which I Was Never Billed

    Stated more accurately, I never received a bill, therefore I cannot know if they sent a bill. No, I never moved during the time period during which I received services, and I am certain the address I provided was correct, if for no other reason, because the attorney got the correct address. I received service on several different occasions over ~one year period of time. I don't think I inadvertently threw away multiple bills. One of my objectives here was to clarify if the statute of limitations discussed here and on other web sites referred to the time limit to initially send a bill for a service rendered. Is it your opinion that the 4-year time period applies here? By the way, I ignore the advice of many attorneys. I may be forced, however, to engage one here.
    Thanks for your reply.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Attorney Attempting to Collect Debt for Which I Was Never Billed

    Yes, as I see it, the 4 year limitation would apply here:

    Sec. 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues:
    (1) specific performance of a contract for the conveyance of real property;
    (2) penalty or damages on the penal clause of a bond to convey real property;
    (3) debt;
    (4) fraud; or
    (5) breach of fiduciary duty.
    Can the company bill me now that they are in bankruptcy, or is there no debt since I was never billed?
    sending a bill does not create the debt so not sending one did not mean there was no debt. As to being in bankruptcy; the court wants to collect all outstanding debits it can so they can pay creditors.

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