Legal Question in Credit and Debt Law in New York

Never billed but called by collector

My wife received some medical services in Jan & Feb of '02. The doctor billed the insurance, but did not receive pament because she had not met her deductable for that year. We received the ''This is not a bill'' statement from the insurace company and expected a bill from the doctor. We never received a bill. Now 4 years later, we were contacted by a connection agency.

Questions: 1. Are we liable for a bill we that we never received? (Although we are now at a different address, we resided at the previous address for 3 years after the services, and had the mail forwarded.)

2. Is it ethical for a doctor to use a collection agency when a bill was never sent. Should we consider contacting the medical board?

3. What is the best way of resolving this issue without effecting our credit rating?


Asked on 4/05/06, 1:07 pm

2 Answers from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

Re: Never billed but called by collector

Since you do not set forth the amount, it is dificult to provide the "best" response. If the amount is small...PAY IT. If it is large, try to get it reduced and PAY IT. The law allows debts to be collected for 6 years so they are within their rights.

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Answered on 4/06/06, 11:05 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Never billed but called by collector

If you agree you owe the money the best way to get rid of this is to contact the company and attempt to settle the claim for a lesser amount.

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Answered on 4/05/06, 2:30 pm


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