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Ellen
Ellen, Lawyer, Consultant
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Had an issue in 2005 with a doctor in VA who ran a private ...

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Had an issue in 2005 with a doctor in VA who ran a private 24hr. clinic. Billed for services received by our son during which a quick strep was done. Long story short after some research and discussion we paid the $500 bill. Dr. was so poorly organized he took us to court after the debt was paid in full and we had relocated. I sent him photocopies of checks and correspondence and included our new address and phone number. This matter was resolved. Fast forward to last week when a call from mother-in-law in Pennsylvania said a very abrupt man phoned her inquiring after my husband''s whereabouts and insisting she have him call. It was the Virginia doctor who said while in the process of moving his office discovered services to us that were never billed. My husband was so angry he just hung up, but I reminded him I too had seen this doctor, and think I had a quick strep. It seemed my bill was less. It''s been 3 years, I don''t remember and my husband doesn''t care! Liability?
Submitted: 8 years ago.
Category: Legal
Expert:  Ellen replied 8 years ago.

Hello,

Thank you for your information.


If there is a valid debt owing the doctor, he has 3 years from the date of service (or 5 years if written contract) to file suit to collect pursuant to the Virginia statute of limitations.

Thus, the doctor may still file suit to collect the past due bill if the three years have not passed. The time period will be extended to five years if you signed an agreement to pay for services rendered.

You will have to determine exactly when in 2005 you saw the doctor and whether you signed an agreement to pay for services rendered.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLANDNYLAWYER

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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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Customer: replied 8 years ago.
Reply to FLandNYLawyer's Post: As we were never billed does he have 3 or 5 yrs to bill us for the first time? Or is it 3 or 5 yrs to collect on a bill issued but not paid. We have no idea what he wants to bill us for that he just "forgot to bill originally."
Expert:  Ellen replied 8 years ago.
Hello,

It would be 3 or 5 years from the date of service. If he contacts you again, you can request that he send you proof of the debt which he claims that you owe.

I hope that this helps.

THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Customer: replied 8 years ago.
I intend to contact him but what constitutes "proof of debt?"
Expert:  Ellen replied 8 years ago.
Hello,

Evidence of when you saw the doctor and paperwork that you filled out in the office.

I hope that this helps.
THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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