Legal Question in Credit and Debt Law in Pennsylvania

I just rec a bill from an Imaging company for a mammogram I rec in 2007. I had been making payments on this bill and then never rec a bill again. I completely forgot about it until I rec a bill dated 4/28/2011. I was told they had an outside billing agency doing their billing and had problems and then brought it back in house and they were going through each individual account. It took 4 years for them to do this. Do I have to pay this bill?


Asked on 7/25/11, 6:08 am

1 Answer from Attorneys

Its up to you. If this is your bill and you received the services, then you have a moral duty to pay it.

Whether you have a legal duty depends on when your last payment was made. If your last payment was made 4 or more years ago, then the statute of limitations has expired. If made less than 4 years ago, then they can still sue for it.

These are like any other unsecured debts. They can be settled. I would ask for verification of the debt (you may already have got it if you have a bill). Make sure that you have been given credit for all payments made. Depending on what you owe and how much you can afford, I would see if you can settle for less. The more you pay up front in a lump sum, the more likely it is that they will settle. Settlements can range from anywhere between 15% of the debt to 100% of the debt. Most debts pre-litigation can be settled for around 30% - 50%; once a lawsuit is filed or the debt is sent to a lawyer, settlement percentages go up.

I think that if you got the mammogram a long time ago and the last payment was made 4 years ago or more, tell them the statute has expired and offer to pay 25% of the bill if you can afford it. If they will not accept, then tell them to jump in the lake (assuming you do not need any credit). Don't pay and let them sue if they have a mind to do that. It will cost you far less to hire an attorney to file an answer and raise the statute of limitations as a defense.

Just because the statute of limitations may have expired, that does not mean that the debt cannot be listed on your credit report. If your credit is important to you and if you are going to be needing credit soon (as in you need to buy a car, house or get some other financing), then you will have to resolve this debt Unpaid debts can stay on your credit report 7 years from the date on which the debt was charged off or sent for collection.

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Answered on 7/25/11, 1:33 pm


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