Legal Question in Credit and Debt Law in Pennsylvania

statute of limitations to collect on a debt incurred for medical expenses

I received a notice from a collection agency to collect a debt of $405.00 for medical service. The date of the service is 5/16/1992. The collection agency says it has a statement from blue cross/blue shield telling us to pay the bill. I have not received any bill from the hospital for this debt in the past 12 years. I called the hospital and they said they have it on the books but cannot explain why I have not been billed for the past 12 years. I have no bank records from 1992 or 1993. I need to know if there is a statute of limitations to collect this debt? Since I have no cancelled checks from 12 years ago, what is the limitations for banks to hold checks? I was told to provide the cancelled check and the debt would be satisfied.

Please advise the statute of limitations to collect the debt? What is the process that would have had to have been followed? How long to banks/financial institutions have to keep records? How do I find out what bank I would have had 12 years ago with all the mergers?


Asked on 1/10/05, 5:33 pm

2 Answers from Attorneys

Re: statute of limitations to collect on a debt incurred for medical expenses

WRITE to the hospital, don't just call! Dispute the bill with the hospital and the collection agency IN WRITING. If you dispute, they have 30 days to respond. Chances are the hospital will check and drop the attempt to collect.

Send a letter similar to the following:

Dear Hospital/Collector,

I am writing in response to an attempt to collect $405.00 for St. Stupid Hospital, by Sleezy Collections on ______ for unpaid medical services claimed to have been provided in 1992, and unpaid by me or by my insurance provider. I have checked with the State Attorney General and verified that the legal Statute of Limitations for collecting on an open book account in Pennsylvania is 6 years, so the Statute of Limitations has long since expired.

I dispute the debt, and even if the debt existed at one time, it had to be timely submitted to my insurance provider. If you failed to do so, that is not my responsibility, that was the hospitals responsibility.

Now that you know I am aware of my rights in this matter, consider this letter as my official notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this matter except to advise me, via official mail only that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by law.

Be advised that should you decide to pursue this matter in court, I will invoke my rights and use the "expired statute of limitations" as my defense. Any further communication or attempts to collect, or advising any credit reporting service that there exists any debt, will be a violation of the Fair Practices Settlement Act, and I will file suit. Additionally, I must advise you that I am keeping careful records of all correspondence concerning this matter including a recording all phone calls.

Your name & signature

See how they respond to that!

Chances are you had coverage or partial coverage, and hospitals often screw up getting paid, then go after the individuals because THEY don't have their act together. If they blow it, they should eat it.

Good luck.

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Answered on 1/10/05, 6:47 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: statute of limitations to collect on a debt incurred for medical expenses

I agree with Atty. Begley, with one exception. Stop calling people. They will try to say that you somehow acknowledged the debt and put it back within the statute of limitations.

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Answered on 1/11/05, 1:38 pm


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