Louisiana SOL and Unpaid Emergency Bill

[loops77]

Hi,

I've tried to research the forums, but haven't read any information. I have a Louisiana medical collection that is over three years old. I've tried to find out if the SOL is three years or 10 years, but I keep on getting conflicting reports. Does anyone know for sure?

 

The collection only reports to Equifax.I would like to dispute it with Why Chats method, but don't want to bother if I could risk getting sued. And I don't have the money to pay for it anyhow. Any advice?

[New_GTI]

Hi,

I've tried to research the forums, but haven't read any information. I have a Louisiana medical collection that is over three years old. I've tried to find out if the SOL is three years or 10 years, but I keep on getting conflicting reports. Does anyone know for sure?

 

The collection only reports to Equifax.I would like to dispute it with Why Chats method, but don't want to bother if I could risk getting sued. And I don't have the money to pay for it anyhow. Any advice?

 

If you are not prepared to pay the OC, in the case a current business relationship is established with the CA then you should not bother starting the process at all. Wait until you have the money. I'm from Louisiana, but now live in Texas and the SOL here is four years. You can go to Why Chat's website and see a list of SOL for each state. I think you make a good point about not wanting to wake a sleeping giant. If you start the process and the debt is validated and a current business relationship is established with the OC then yes they could threaten to sue you, especially if the amount owed is very high. In that case if you had the money you could immediately pay the OC. I'm not sure, but having the money to pay any valid debt is the key to this whole process. If the OC still has your files and they cash your money order then the CA can't sue you at all, but you don't pay a dime to anyone unless the CA can validate the debt. I'm sure Why Chat could make things more clear if I said something in error. Most importantly get your money together first!

 

Do a search on google. Type in Why Chat Hipaa letter program. You will find the SOL links on the site.

[loops77]

Hi,

I've tried to research the forums, but haven't read any information. I have a Louisiana medical collection that is over three years old. I've tried to find out if the SOL is three years or 10 years, but I keep on getting conflicting reports. Does anyone know for sure?

 

The collection only reports to Equifax.I would like to dispute it with Why Chats method, but don't want to bother if I could risk getting sued. And I don't have the money to pay for it anyhow. Any advice?

 

If you are not prepared to pay the OC, in the case a current business relationship is established with the CA then you should not bother starting the process at all. Wait until you have the money. I'm from Louisiana, but now live in Texas and the SOL here is four years. You can go to Why Chat's website and see a list of SOL for each state. I think you make a good point about not wanting to wake a sleeping giant. If you start the process and the debt is validated and a current business relationship is established with the OC then yes they could threaten to sue you, especially if the amount owed is very high. In that case if you had the money you could immediately pay the OC. I'm not sure, but having the money to pay any valid debt is the key to this whole process. If the OC still has your files and they cash your money order then the CA can't sue you at all, but you don't pay a dime to anyone unless the CA can validate the debt. I'm sure Why Chat could make things more clear if I said something in error. Most importantly get your money together first!

 

Do a search on google. Type in Why Chat Hipaa letter program. You will find the SOL links on the site.

 

 

 

The only reason Im pondering doing WhyChats way is because he gave advice to a woman that has unpaid collections from Alaska. Here: http://creditboards.com/forums/index.php?showtopic=492042

 

The debt collector is a local law firm, if that matters and the debt is 4k

 

 

[loops77]

And here is what his site says about SOL in Louisiana. Would an ER medical bill be written contract or open account?

 

LOUISIANA %

 

INTEREST RATE

 

Legal: 9.75%

 

Judgment: 9.75%

 

STATUTE OF LIMITATIONS (IN YEARS)

 

Open Acct.: 3

 

Written Contract: 10

 

 

 

[New_GTI]

Yes I was following the lady from Alaska thread and as you say everything is based on SOL. From what I read it seemed that as long as the CA did not have a current business relationship with the OC a suit would not be possible. It was also mentioned that since the lady moved from Alaska she couldn't be sued anyway. You may want to wait for Why Chat to respond or send him/her a PM. In my case the alleged debt is still within the SOL, so there is no way I would touch this unless I had the money to pay the debt, if validated.

 

Check with Why Chat before you do anything.

[Why Chat]

Hi,

I've tried to research the forums, but haven't read any information. I have a Louisiana medical collection that is over three years old. I've tried to find out if the SOL is three years or 10 years, but I keep on getting conflicting reports. Does anyone know for sure?

 

The collection only reports to Equifax.I would like to dispute it with Why Chats method, but don't want to bother if I could risk getting sued. And I don't have the money to pay for it anyhow. Any advice?

If you haven't been sued by now, there is no risk, UNLESS you have moved without a forwarding address AND it is a LARGE ( over $1000 ) hospital bill, AND your credit report would indicate you have the means to pay it.( Hospital bills have no useable SOL if you are sued and SOL is your only defense as they are reimbursed for "no-pays" with tax $$ and are thus considered the same as a "Governmental" debt.

 

In most States the SOL for medical bills is 4 years, except for those few, like Louisiana where it is 3 years.

http://whychat.5u.com/States/state-la.html

 

Opt out

http://whychat.5u.com/OPTOUTINST.HTML

Get old addresses deleted, if possible, if you have moved since the date of medical service

 

Send each CRA where the account is reporting this:( list ALL medical accounts, paid or unpaid)

http://whychat.5u.com/hipaadisp.html

Come back to this post for additional assistance.

[loops77]

I'm not too sure anymore. Date of first deliquincy is 6/2007. The CA is Banks Law Firm...I'm pretty sure that they have a relationship with Touro Infirmary, a popular hospital in the city. If I for some reason get sued and can't pay, that judgement will be on my report for seven years no matter what, right? Even after I have paid the judgement.

 

I am moving to another state soon..Maybe it would be best to dispute then.

[loops77]

bumping this old thread. OK, I have enough money raised in the event that I'm threatened with a suit. I'm just wondering, if that happens, and I pay...will it still be on my credit report?

[Why Chat]

I strongly urge you to follow the HIPAA letter program to get this and other medical accounts off your reports.

 

You are in MORE danger of being sued by garbage CA's than you are of being sued by any OC health care providers.

 

http://www.whychat.5u.com/GUIDEBOOK.html

 

http://www.whychat.5u.com/GUIDE%20HIPAA%20PROGRAM.html

[loops77]

Hi WhyChat

 

I mailed off my pre-HIPAA letters and EQ and TU, both got them on Monday. I have an account with TU, and they haven't updated that they actually got my dispute as of Friday. I do pull daily with Equifax and saw that the collection mentioned in this thread just fell off today. Now, I actually didn't dispute that account since it would fall off in two months. I disputed another smaller account on EQ, a half a dozen others on TU.

Was this an early delete or did someone at the EQ office delete the wrong one? Its only been five days since they got my letter. Either way, I'm happy that my report is looking better!

[loops77]

Actually, I peeked at my reports and see that they are investigating the smaller collection on EQ...so I guess a person actually did read the letter and decided to just go ahead and delete the large 4K collection account since it would fall off in June. I guess these people can do something right after all!

 

Still awaiting my results for everything else.

[loops77]

EQ completed the dispute the quickest. I'm pretty sure I was in some type of special handling unit because other non-medical accounts that I did NOT dispute, fell off today as well. Well, EQ deleted that 600 dollar medical account from Commonwealth. A whole six days after they got the dispute!