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  1. #1
    Join Date
    Dec 2007
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    6

    Default Medical Debt Never Billed For In Ohio

    This is the 2nd posting - the first one I posted in the Collections Law forum by mistake.

    I live in Ohio & was contacted by a debt collection agency for a medical bill I was never billed for. The date of svc they listed on the notice was 2001. I didn't move until several yrs later. They first left a msg on my voice mail and for some reason I called and now wish I hadn't, then I received the notice. Tho I did finally find paperwork from my insurance company on this bill, I did not find a invoice or notice of any kind from the medical agency (hospital). I asked the coll. agency to send me the original statement which they said would take 2 to 3 weeks before I would receive it. That runs out almost the 30 days I have to respond. The debt is less than $200. I do not think this is fair but I do not want a black mark on my credit as I always pay my bills. I do have some statements for the Doctor fees that do not include billing for this lab or testing charge. Could I just send a copy of that as proof I was never billed, or should I ask them for a copy of what the charges are actually for instead of just a "statement" or just pay it. ? Not sure what the statute of limitations is in Ohio for this. TY.!!

  2. #2
    Join Date
    Jan 2006
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    Default Re: Medical Debt Never Billed For In Ohio

    well, it seems the SoL in Ohio for a written contract (presuming you did sign some paperwork agreeing to pay the charges) is 15 years. No running out on that one.

    Not sure what 30 days you speak of. Is this the time the CA gave you to respond? If so, respond by formally requesting validation of the debt neither denying to accepting the debt.

    All oral correspondence need to be followed up with written correspondence. certified RRR is best.

  3. #3
    Join Date
    Dec 2007
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    6

    Default Re: Medical Debt Never Billed For In Ohio

    Thanks! Yes 30 days is what the CA gave for their time limit. I did just rcv another notice that states that I am disputing their bill. When I send them a request for validation does that mean I am asking them to provide a copy of the charges I was supposedly given back in 2001 ? Should it state what work the lab or hospital did to be "valid" ? or would it just be a copy of an invoice (which I never rcvd) ? In other words if they don't have a copy of something from 2001 then I'm not liable for the charges ? Thanks again - appreciate any help. Don't believe I signed for anything as it was just a routine blood test as it was the 1st time I went to this general type Doctor.

  4. #4
    Join Date
    Jan 2006
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    Default Re: Medical Debt Never Billed For In Ohio

    Should it state what work the lab or hospital did to be "valid" ? or would it just be a copy of an invoice (which I never rcvd) ? In other words if they don't have a copy of something from 2001 then I'm not liable for the charges ?
    the requirement of validation is quite weak. What they are required to do is confirm that the creditor actually believes you owe. This is the verbiage of the germane section of the FDCPA

    809. Validation of debts [15 USC 1692g]
    (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
    (1) the amount of the debt;
    (2) the name of the creditor to whom the debt is owed;
    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
    (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
    (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
    (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
    (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
    pretty weak. It would be nice if it was strengthened a bit.

    You will get basically nothing from the CA. Call the provider (the original creditor) and ask them to show you where the charges came from. If you owe the bill, obviously, just pay it.

    If not, then speak with the billing manager and explain the situation.

  5. #5
    Join Date
    Dec 2007
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    6

    Default Re: Medical Debt Never Billed For In Ohio

    Thanks again. I am sending the official dispute lettter tomorrow RRR. Do you know what the SOL for OHio would be that covers this situation ? Don't believe I signed for anything, either. I already called the Billing Dept and they won't talk to you about it. There's even an automated message that tells you "if you've received a letter from xyz, press XXXX." It lets you think that someone will come on and tell you there's been a mistake but instead they connect you thru to the CA. When I did finally talk to a girl in Billing she sd she couldn't talk about it or discuss it with me. Tried asking for a SUPV as well.

  6. #6
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    Jan 2006
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    Default Re: Medical Debt Never Billed For In Ohio

    in Ohio, a " contract in writing" has a 15 year SoL and a contract not in writing carries a 6 year SoL.

  7. #7
    Join Date
    Dec 2007
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    6

    Default Re: Medical Debt Never Billed For In Ohio

    Thanx for the feedback. I sent the letter using a form I found on the internet......now I'm thinking I should have asked specifically for proof of the original debt (which is what I would like) as well but didn't have that exact wording. Maybe I should send another letter ?

    If I do pay this, would a money order be the way to go ? I don't want to send them a check w/my acct # on it or use a credit card. I have no trust of these places. Maybe a Cashier's check ?

  8. #8
    Join Date
    Jan 2006
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    Default Re: Medical Debt Never Billed For In Ohio

    I like cashiers checks. It is easier for me to deal with my bank rather than the money order folks.

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