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Cleaning up my credit from being unemployed for so long and recently found another collection that just showed up two months ago. I've been working on repairing my credit for 1.5 yrs....why this just showed up, I dont' know. In 2004 I had a bad sinus infection. I knew I needed antibiotics to get rid of them. I went to a local doctor and explained what I believed was wrong and also that I was unemployed w/no insurance. The dr. saw me for 15 mins (I timed him) and did minor screenings and said "You have a sinus infection". Gave me a script and a sample of nose spray. I went out to the desk and my bill was $197! I tried to work with them, explaining the situation- no go. I paid the bill, then when I got home placed stop payment on check. When office mgr. called, I explained the situation-did not get a nice response. Dr. has put this into collection this year (past NC statute of limitations.) Tried to settle with him, he refuses to budge. Anything I can do, besides pay exhorbitant fee?
State/Country relating to Question: New York Already Tried: I've contacted collection agency to no avail and contacted the doctor twice to see about settling. He said NO. I was willing to pay reasonable fee. I've written the NY State Attorney Generals office, so it's on record...but there is nothing they can do but keep my complaint on file.
Your correct, the statute of limitations is 3 years, so it appears this has passed. If this is the case you can refuse to pay based on this...that is, if they did not file suit within 3 years, this claim would be barred by the statute of limitations http://law.findlaw.com/state-laws/civil-statute-of-limitations/north-carolina/ Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
So how do I proceed, now that they have placed this on my credit report? I've opened a dispute record with the credit agency, but do I send a letter to both the doctor and the collection agency (plus the credit bureau) stating they've exceeded the statue of limitations? Also, are the limitations according to the state where the "debt" was incurred or the state where I have been residing for the past 4 years?
The agency that is trying to collect is the one you focus on. Send them a letter telling them the claim is barred by the statute of limitations. (NOTE: its the state where it happened...I assume this was in NC). Tell them to cease and desist. psimmons40045.7806948264
No, the bill was incurred in NY in 2004 and I moved to NC in 2005.
Ahhh Brand new game Its 6 years in NY http://law.findlaw.com/state-laws/civil-statute-of-limitations/new-york/ So if they file within 6 years, they can legally sue. So it may be good to try and settle. Sorry for the confusion
Ok....so you mean I have to pay this exhorbitant fee? The doctor absolutely refused any type of settlement amount. I have no other recourse? I was hoping if an attorney presented an amount on my behalf, that perhaps the doctor would agree to it. Which is why I was looking for what type of an attorney would handle a case like this?
What is the fee they are asking for now?
$250
Thanks Well, you can certainly try and negotiate this...but in the end, a court will not likely rule this excessive. SO if they sue (and they may choose not to...heck it will cost more than that in time and effort to sue), the court will most likely grant the judgment. $200 for a doctor visit, again, from the courts standpoint will not be excessive. Better idea is to offer, say $200, to resolve. They accept or deny and then you can decide.
Not even in Small Claims court? What if I sent a bill for my time while I was there? It seems outrageous that a country doctor would charge someone (and mis-code in order to make the bill higher- his OM told me if he had coded it a different code the bill would be less) who was unemployed with no insurance at the time and refuse to work with them as well.
Sure, they can sue in small claims. Even so its a day in the life...a day they could be focused on other things. You can contest the validity of the bill. Certainly. And proof of the mis code would help that claim. BUT the cost on its face...$200, is not excessive for a doctor, city or country. The court will not get into the business of telling doctors what they can or can not charge...at least not yet
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