medical collection

by debbie

I was never contacted about a collection from 2009. Now it has interest rates and they won't send me anything verifying the debt. They are very unwilling to help me settle the debt or even make payment arrangements. Is there anything I can do to get this off my credit

Comments for medical collection

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Apr 23, 2012
medical collection

So sorry you are having problems with a debt collector. Did you put your request for verification in writing? Whenever you are dealing with a debt collector (or a creditor) regarding a past due debt, it's best to put everything in writing, including requests for a payment plan or a settlement agreement. Having a written record of everything you asked for is always best if a collector violates your legal rights and you decide to take legal action.

The most important thing for you to know at this time however, is that that the statute of limitations (SOL) on your medical debt has probably run out. The SOL on a debt is the amount of time that a collector (or a creditor) has to sue a consumer for a past due debt, although the collector can keep asking for payment. In CA, the SOL on medical debt is 4 years from the date that you last made a payment. Depending on when that was therefore, the SOL on your debt has already expired or is about to expire. Therefore, I would confirm whether or not the SOL on your debt is still in force and if it is not, I suggest that you write the collector a letter asking it not to contact you about the debt again. Once it receives your letter the collector is legally required not to continue communicating with you. Note: If you offer to pay the debt after the SOL has expired or admit that the debt is yours, you will start the SOL running again which will open you up to the possibility of a lawsuit.

As for the negative information related to your medical debt that is in your credit histories, there is not much you can do about it. It's going to remain there. However, it cannot stay there forever. Legally, it can only be reported for 7 years and that 7 years begins on the date that the debt first became past due.

If you want additional information related to this debt or if you believe that the debt collector has violated your rights in some way, I recommend that you contact a consumer law attorney in your area who has experience helping people resolve their debt collection problems.

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