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  1. #1
    Join Date
    Mar 2010
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    2

    Question Collections of an Old Medical Bill in Tennessee

    We recieved a phone call last week 3/05/2010 from a collection agency. They stated we owed $460.00 the original bill was for $360 dollors and there was a $0.23 fee per day. They told the medical facility that they sent one letter on 10/12/2005, and then called on 11/8/2005 and no more contact attempts were made. My wife filed for bankruptcy in July 2005 and the bills were well before the court judgment. The company was not filled in the bankruptcy because they never sent us a bill or a phone call untill 3/05/2010 almost 5 years after the bill was posted. We talked with an attorney that processed the bankruptcy and he requested a copy of the itemized bill. Also, in 2008 I called the same medical facility and ased for an itemized statment of all the bills she owed to that company and they sent one and I paid all the bills and the balance was 0. I call the company and they said it was sent to collection befor I asked for the info. However, they saw the notes of the outstanding bill in 2005, but said they couldn't do anything about it. I am going to send all the statements were I paid and the itemized statment to the attorney along with this new bill that came up. I just don't know what to do. This is really unfair that they never tryied to contact us as they said they did and tacked on all the fees when we knew nothing of the new charges.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Collections of an Old Medical Bill in Tennessee

    Was the bankruptcy at issue a zero assets Chapter 7 bankruptcy? If so, have you documented the discharge to the creditor / collection agency? Are you telling us that your bankruptcy attorney is handling this for you?

  3. #3
    Join Date
    Mar 2010
    Posts
    2

    Default Re: Collections of an Old Medical Bill in Tennessee

    Yes it was chapter 7. We are going to take all the paperwork were we called the company and I asked them to send me an itemized statement of everything my wife owed to them and that charge was not on the statement. I then paid the account and it was at 0. After calling the company, they said that she didn't go back that far in her history and didn't include that in that statement. That company was told that the only time the collection agency attempted to contact us was twice one on 10/05 and a phone call on 11/05, but we never got the message or we would have paid. The haven't tried to contact us since that last date, which they didn't try then either. Her parents have lived there for over 40 years and this was the first time we heard of this bill and that was a week ago. The attorney stated that he wanted the statement and that he would attach it to the bankruptcy and send it to them. I just don't know how he can add it after this long, but they never contacted us. There was no way we knew of this bill. The attorney's assistant said on the phone that there was no limitation in TN, but I just read the code for TN and it says 6 years for open accounts. I just do not see how it can be legal for them to sit on the bill, not notify of us of the bill, and then send the bill with fees after 5 years. (T.C.A 28-3-110) states that it is 6 years. The collection agency stated that they were not required to contact us, but we never heard from the oxygen supply company to pay the bill and it just went to collections. The attorney's assistant said that that company wasn't on the list, but I didn't ask about the collection agency being on the courts decision.

    Thank you for your help. It is very much appreciated.

    Also it was zero asset.

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