Legal Question in Credit and Debt Law in Missouri

Disputing Credit Report Information

A collection agency for a hospital is trying to collect a $500 emergency room fee that they did not submit to insurance in a timely manner. They say that I told them at the time of the visit that I didn't have insurance, so that's why they didn't submit it. Now the insurance will not pay (past 90days) and they are keeping this on my credit report and threatning legal action. Can they legally do this?


Asked on 8/17/02, 6:59 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Disputing Credit Report Information

Maybe.

There are laws that prohibit the threat of legal action in some cases. They come under some stte statutes and teh Federal Fair Debt Collection Practices Act (FDCPA).

Most likley, you signed an agreement when the services were provided that said you accepted reasponsibility for the bill, if the insurance company did not pay. If that occurred, then you owe the debt, if it is genuine.

Your posting did not say, when you informed the hospital about your insurance coverage. If you did tell them (prior to the 90 day period ending)then they may be willing to work with you to resolve the bill. Often, Bill collectors are willing to accept a lower amount if you pay it quickly.

If the collection agency has sent you the appropraite letters, containing the appropriate language, without untimely phone calls, then they MAY be able to tell you that they intend to leave the debt on your credit report and to enforce the it through legal action. You have teh right to have your expanation placed upon your credit reprot along with the debt. You will need to contact the credit reproting agency(s) directly to do this.

Good Luck,

Tony Smith

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Answered on 8/19/02, 10:25 am


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