Quote Quoting kit2017
View Post
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.