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  1. #1
    Join Date
    Sep 2017
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    3

    Default Can a Mexican Creditor Collect a Debt in the United States

    My question involves collection proceedings in the State of: Washington from Mexico
    Emergency Services at an out of network hospital incurred in Mexico on november 2012. They had insurance info and we tried to contact them to submit bill timely but we did not get any responses from them. Finally they submit a bill and insurance denied for not timely filed. Now collection agency in California sent us letter dated 09/18/2017 stating we have 30 days to respond or they will assume debt is valid and will report to credit agencies. Original amount was $11,169.50 and now they adding $6429.96 interest. I know they cannot bill after 6 years passed for. It is slmost 5 years since Date of service in november 2012. They did not post a date on a letter for that reason I guess. Will they be able to pursue and report to credit agencies? What date they will even report? It was years ago and it was their fault for not billing timely. What should we do at this point? Any advises will be greatly appreciated!

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Debt Collection from Mexico

    You seem to be under the impression that because the provider didn't follow your insurance company's rules you don't owe the debt. They had no agreement with your provider. They did have an agreement with you to provide services and be paid for them.

    The Mexican provider has likely sold the debt to the California collection agency. The date the staute of limitations began when the services were provided. You may well get out from under this way but I suggest you don't ignore it because you don't think it is valid. Contact a lawyer.

  3. #3
    Join Date
    Sep 2017
    Posts
    3

    Default Re: Debt Collection from Mexico

    Thank you! That is what I think but needed and advice.

    Got another question.. so they cannot pursue for payment after 6 years but if they report it to credit agency now in 2017 it will take another 7 years to clear that thing out?

    Also should we wait to hire a lawyer until they post this to our credit? Are they able to report it with such postponed beginning attempts to collect a debt?

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Debt Collection from Mexico

    Quote Quoting kit2017
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    Now collection agency in California sent us letter dated 09/18/2017 stating we have 30 days to respond or they will assume debt is valid and will report to credit agencies.
    You can dispute the debt within thirty days. You don't have to admit to anything; you need only request validation.
    Quote Quoting kit2017
    I know they cannot bill after 6 years passed for.
    The hospital can send you bills from now until the end of time.
    Quote Quoting kit2017
    It is almost 5 years since Date of service in november 2012.
    Then it's not at all likely that you'll be sued in California, as the debt is past the statute of limitations under California law. Choice of law issues can be complicated by the involvement of Mexico, but I would expect that a California court would find an action to be time-barred.
    Quote Quoting kit2017
    Will they be able to pursue and report to credit agencies?
    If you choose not to demand verification, or if you do and the creditor verifies the debt, they may report the debt.
    Quote Quoting kit2017
    What date they will even report?
    They should report the date the debt was incurred.
    Quote Quoting kit2017
    View Post
    so they cannot pursue for payment after 6 years....
    The hospital can bill you for as long as they feel like billing you. A statute of limitations, properly raised as an affirmative defense, stops a lawsuit.
    Quote Quoting kit2017
    but if they report it to credit agency now in 2017 it will take another 7 years to clear that thing out?
    They should use the original date of the debt. Using a new date would be a violation of the FDCPA. The seven year limit for purposes of consumer credit reporting should run from the date of the debt or default, not from a new date.
    Quote Quoting kit2017
    Also should we wait to hire a lawyer until they post this to our credit?
    What do you want a lawyer to do for you?
    Quote Quoting kit2017
    Are they able to report it with such postponed beginning attempts to collect a debt?
    Yes.

  5. #5
    Join Date
    Sep 2017
    Posts
    3

    Default Re: Can a Mexican Creditor Collect a Debt in the United States

    I really appreciate such a wonderful explanation on each of the questions! I believe I need to explain the beginning as it makes all the confusion arise now. When we discharged from hospital they had insurance information and they didn't provide all itemized bills to us. We submitted all itemization we had on hand ourselves and those bills got paid by insurance just fine. We were contacting hospital via email asking them to bill insurance for the other hospital stay charges. We had no luck in getting a response on that from the hospital. Time was running out and what should we had to do at that time to get the bill submitted timely? Fly to mexico trying to obtain itemized bill from them? I understand its our responsibility to submit a bill but they didn't provide itemization and had our insurance and at the time of discharge they said they will bill our insurance. Can we contact our insurance to pay the bill as an exception based on the above? Will a layer help with that? We dont want to be responsible for the interest amount which is incredibly high nor for the amount that would have had been paid by insurance if it was submitted timely. And also we don't want our credit history go bad because of this. We would have paid our portion after insurance according to EOB as we normally would, that is not an issue, we are keeping our credit history in a good condition.But not to pay entire amount plus the ridiculous interest amount. This is where the conflict is, as what course of actions should have been done to avoid this in the first place as its the last thing we wanted is to deal with something like this. I hope that explains our frustration now in regards of this. And again the problem is not that we don't pay this bill. We tried to ask hospital to bill insurance before time runs out. And we would have paid anything that insurance would say would be our responsibility. But we had no control over the situation. And since we believe we have done all we could on our part we wish this just expires by time barred so that they cannot sue us here in state WA from state CA and we don't want this to report to credit agencies either. The highlight here is that 1) Whatever it takes to not getting this to our credit reports and 2) Not responsible for any amount over what would be our responsibility after insurance processed as it normally would . 3) if we can resolve this ourselves by either conacting our insurance or collection agency ( don't know what course of actions applicsbke and best here) we can do it ourselves to avoid layer fees. Any suggestions and advise is greatly appreciated as this is just nerve wrecking since got this mail yesterday. Than you again for your time!

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