Legal Question in Credit and Debt Law in Texas
Medical Services Collection after 2 years
In 12/02, a collection agency sent a letter to my work address to collect on an 8/5/2000 medical office visit. The biller at the Drs office would not respond. I don't know what the visit was for, but believe they sent the insurance forms to my old insurer (PPO). Never received a request for payment nor a phone call from the Drs office.Now I receive a letter and today a call from an attorneys office trying to collect on the visit. I paid any co-payment at the time of service.Today I contacted the new biller at the drs office and she had a different address for me on their computer but the correct address and phone number in their file. By not billing me for more than 2 years, I am no longer able to collect on my insurance (they give me one year to bill them for medical services). Am I just out the money (had it gone to insurance timely, the amount they received would have been a much lower amount).Do I have to pay this, isn't this past the statute of limitations? If I pay, can I take the dr to small claims court and recover the amount due to their negligence in not contacting me in over 2 years and not having correct information on their computers so that they could contact me?
1 Answer from Attorneys
Re: Medical Services Collection after 2 years
The statute of limitations on a debt is four years, not two years. You may haved a claim against the doctor's office for their negligence that caused you to lose your insurance for the bill. That. of course, will be up to the judge.