WhyChat....

[myrights]

You probably don't remember me but I corresponded with you via e-mail about a year ago in regards to a very old hospital debt and a collection agency calling me out of the blue. You were a big help!

 

Anyway, my question is........if the SOL defense doesn't really work in the courts in regards to medical debt then what would keep Junk debt buyers from having a hayday suing everyone they could with an out of sol medical debt? Or maybe they already do?

[Why Chat]

You probably don't remember me but I corresponded with you via e-mail about a year ago in regards to a very old hospital debt and a collection agency calling me out of the blue. You were a big help!

 

Anyway, my question is........if the SOL defense doesn't really work in the courts in regards to medical debt then what would keep Junk debt buyers from having a hayday suing everyone they could with an out of sol medical debt? Or maybe they already do?

Well, for the same reason that they can't verify or validate --they have NO access to the required account information.(because of HIPAA) Even the WORST of the WORST of JDB's wouldn't attempt to get a default judgment on a completely unverifiable claim. Their "affidavits" of accounts wouldn't be possible, their fake re-aging of the DOLA wouldn't be possible and,since they generally don't really even buy the account, but get them from data miners, ( aka dumpster divers)they wouldn't have any acceptable legal claim.

 

My comments on SOL regarding medical bills deals with substantial OWED bills that are in the hands of the billing dept. or collection dept. of Hospitals and Dr.'s offices.If someone is sued on one of those, it would likely be within SOL, but even if it was out of SOL ,it would be difficult to prevail in Court if SOL was the ONLY defense.

 

This is because many OC health care providers have their "bad debts" reimbursed by the State ( taxpayer $$) and they must file a reasonable % of suits against those debtors who are perceived as ABLE to pay, in order to continue being reimbursed for those who can not pay.

Edited February 25, 2006 by Why Chat

[myrights]

Thanks Whychat! That makes sense plus has me breathing a sigh of relief!

Edited February 25, 2006 by myrights