Legal Question in Credit and Debt Law in California

6 year old medical bills

I have a medical bill that out of nowhere is trying to collected on by an agency. I don't doubt the validity of the bill, but see no way in getting my old insurance company to pay for it. The collection company has put it on my credit report and have told me they can still collect on this bill even though it is 6 years old. Any advice? I have not lived in CA for over 5 years.


Asked on 3/31/08, 7:50 pm

4 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: 6 year old medical bills

When was your last payment made? That will determine when the Statute of Limitations will run. Our office can help you in this matter. Please contact us if you have any questions.

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Answered on 3/31/08, 8:21 pm
Stephen Lombardi Lombardi Law Firm

Re: 6 year old medical bills

You will find this hard to believe but I've had this same problem. The billing company came after me five or more years after the services were rendered. I had the same problem, with my own insurance company. The contract provided no bills would be covered after 12 months. The bills were created for care for my children and ex-wife who never turned them into my insurance or advised me so I could do it. When she filed for bankruptcy they came after me. Quite a surprise and no way was I paying them. The Judge agreed with me. He ruled the hospital and other medical service providers had a duty to turn the bills into my insurance company or to advise me within a reasonable period of time after the service or forgoe charging me as the parent. A reasonable period of time he determined to coincide with the health insurance contract one year provision. Besides that the proof stunk. The HIPPA forms were on blank paper and did not include the box descriptions to show what the amounts or numbers corresponded with. Without that proof everyone was left to guess. Okay enough talking, good luck in California. Steve Lombardi

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Answered on 3/31/08, 9:22 pm
Stephen Lombardi Lombardi Law Firm

Re: 6 year old medical bills

You will find this hard to believe but I've had this same problem. The billing company came after me five or more years after the services were rendered. I had the same problem, with my own insurance company. The contract provided no bills would be covered after 12 months. The bills were created for care for my children and ex-wife who never turned them into my insurance or advised me so I could do it. When she filed for bankruptcy they came after me. Quite a surprise and no way was I paying them. The Judge agreed with me. He ruled the hospital and other medical service providers had a duty to turn the bills into my insurance company or to advise me within a reasonable period of time after the service or forgoe charging me as the parent. A reasonable period of time he determined to coincide with the health insurance contract one year provision. Besides that the proof stunk. The HIPPA forms were on blank paper and did not include the box descriptions to show what the amounts or numbers corresponded with. Without that proof everyone was left to guess. Okay enough talking, good luck in California. Steve Lombardi

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Answered on 3/31/08, 9:24 pm
David Justin Lynch David Justin Lynch & Associates, APLC

Re: 6 year old medical bills

The statute of limitations in California is four years measured from the date of the last payment. A collection agency which tries to collect on any debt where there is no legal obligation to pay violates both the California and Federal Fair Debt Collection Acts. I'll bet they're doing this to other people as well. It's time to nail them with a class action and get a Court to order them to stop.

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Answered on 4/01/08, 10:52 am


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