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  1. #1
    Join Date
    Oct 2008
    Posts
    2

    Default When Does the Statute of Limitations Start on Medical Debt?

    My question involves collection proceedings in the State of: florida

    hello

    i've seen conflicting answers on this matter and was hoping that someone might be able to give me a definitive answer.

    here's the scoop: september of 2002 we had a baby on relatively new insurance plan. plan says that you must add, in writing, any new people on the insurance. i didn't know this and just assumed (yes, i know the saying and it certainly applies!) that they would add her automatically since THEY PAID FOR HER FRIGGIN' DELIVERY! sorry about that. 3 months later, we find out the rule and start getting the bills.

    so now its october of 2008 and i was wondering when exactly the statute of limitations for this type of thing starts? would it be when it went to collections or when the service was performed? this line on my credit report is from the pediatrician's office's (who i feel should have informed me after the first time our insurance was denied) collection dept.

    thanks for the help!

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: When Does the Statute of Limitations Start on Medical Debt?

    In most states, the Statute of Limitations (SOL) begins after a debt is charged off by the original creditor, in this case the doctor, and runs for 5 years.

  3. #3
    Join Date
    Oct 2008
    Posts
    2

    Default Re: When Does the Statute of Limitations Start on Medical Debt?

    hey mikey
    thanks for the reply.
    on wikianswers (which is SO the law of the land ) it says that the SOL in Florida for an Open Account is 4 years and a Written Contract 5 years. Medical bills are normally considered written contract, but it could be one or the other. so from the date that they turned the debt over as debt to their collection dept is the date that my clock starts ticking? i had read both ways (date of service or date it gets turned over to collections.) so i appreciate the clarification.
    thanks again!
    suz

  4. #4
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: When Does the Statute of Limitations Start on Medical Debt?

    Your responsibility was to notify your insurance company to add your baby to the policy. They covered the delivery because it was a service to YOU, the insured.

    Why try to stiff the Pediatrician? He/she treated your child, in good faith, that the insurance information you gave their office was up to date and accurate. It could be said that YOU defrauded the Pediatrician by receiving services you knew would not be covered. It is totally reasonable that the Pediatrician didn't know the first visit was going to be denied until they received the first explanation of benefits from your insurance company, which could have taken a month or more to receive. Ultimately, YOU are, and always were, responsible for payment of those services.

    When you are taken to court for failure to pay the bill, the Pediatrician will win and enter a judgement against you. I suggest that you contact them and arrange a reasonale, regular payment plan.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: When Does the Statute of Limitations Start on Medical Debt?

    Quote Quoting M'sta Mikey
    View Post
    In most states, the Statute of Limitations (SOL) begins after a debt is charged off by the original creditor, in this case the doctor, and runs for 5 years.
    In most states the statute of limitations will start to run on a contract on the date the contract is breached - and if no payment is ever made under the contract, that typically means the date payment was due under the contract. For a line of credit, typically it's on the last date of activity - the later of the last charge made, the last payment made, or the first payment due date that the account holder misses.

    A charge off is simply an accounting entry. If that dictated the statute of limitations, a creditor could keep a debt from ever expiring simply by choosing not to ever charge it off.

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