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IcelandGirl

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  1. Hi there, based on WhyChat's resources, could anyone help me understand the difference between what is considered a written contract and an open account in Montana as it may relate to my case? I am trying to understand what the SOL is in my case and to take a second swipe at a medical collection sent to a local CB. The local CB seems to have been assigned and also purchased the debt from a local clinic at the same time?, and right away sent me a "court summons," AND had me served at work, regarding the low triple digit collection. I paid the CB, but learned during my trip to the courthouse, that the summons was fake, and was something this law firm routinely puts together to frighten recipients into making a full payment. I paid in full based on the figure on the "summons." Regardless of all of that (and I likely made many errors) -- I am trying to understand the proper SOL here. One year after I paid the CB, this CB sold my "debt" to another Montana CB in another town, who then sent garnishment documents to my employer to collect a low double-digit figure I allegedly did not pay, to cover collections efforts by the original CB. A second year passed and the 2nd CB sent a second attempt to my employer for garnishment again. I did seek counsel, but at the time I elected to let it go. Too many other life issues on my plate. But as I look at my credit report in the past month or so, I see that the original CB is reporting the collection, for $0 and updating, with no sign of the second CB. The last date of the bill to me by the OC was 7/2012. I was advised to not pay the bill by my insurance company because my insurance company said OC had not ever submitted my paperwork to them. Repeated calls to the OC led me to believe that they would properly bill as the visit was covered 100 percent, and a majority of their clients work for my company, meaning the OC was familiar with our insurance and reimbursement. My question: all things considered, is my SOL 5 years or 8 years? Thank you very much for your advice, IcelandGirl STATUTE OF LIMITATIONS Oral Acct: 3 Open Acct.: 5 Written Contract: 8 WRITTEN CONTRACT- 8 YEARS 27-2-202. Actions based on contract or other obligation. (1) The period prescribed for the commencement of an action upon any contract, obligation, or liability founded upon an instrument in writing is within 8 years. OPEN ACCOUNT- 5 YEARS (2) The period prescribed for the commencement of an action upon a contract, account, or promise not founded on an instrument in writing is within 5 years. ORAL CONTRACT- 3 YEARS (3) The period prescribed for the commencement of an action upon an obligation or liability, other than a contract, account, or promise, not founded upon an instrument in writing is within 3 years. LAST PAYMENT OR CHARGE STARTS SOL 27-2-302. Actions based on mutual accounts. In an action brought to recover a balance due upon a mutual, open, and current account where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side. TOLLING 27-2-402. When defendant is out of state. When the cause of action accrues against a person who is out of the state and cannot be served with process, the action may be commenced within the term herein limited after his return to the state; and if after the cause of action accrues he departs from the state and cannot be served with process, the time of his absence is not part of the time limited for the commencement of the action. REAGING OF SOL BY PAYMENT 27-2-409. Acknowledgment of debt or part payment. (1) An acknowledgment or the part payment of a debt is sufficient evidence to cause the relevant statute of limitations to begin running anew. (2) An acknowledgment must be contained in some writing signed by the party to be charged thereby. (3) Part payment is any payment of principal or interest. COLLECTION AGENCY BOND & LICENSE Bond: No License: No Fee: No
  2. Donated! Thank you WhyCat... oops, mean Chat! . Thank you again. You have made a specific difference in my life over the years with your spot-on information and advice.
  3. Hi I am a former member and had some great success. CB helped me turn my financial life around, which in turn allowed me to turn my entire life around. But I am back with a new profile and compared to 8 or 9 years ago -- these issues are small potatoes. But I had held off on getting back on the boards because I guess I just felt so down about needing help again because I should have known better. Then I read an introduction from a new user who talked about feeling really ashamed and asking for help because they had messed up. The warm immediate, helpful comments from the members gave me a reality check and shot of courage to get involved again to put these couple of mistakes that have behind me, and quick while I am at it! I really appreciate CB and I love seeing the old guard members lining up to help us and teach us. Thank you for letting me come back! And very sorry I cannot for the life of me remember any part of my old log-in... I guess it's a sort of good sign when we can really say the past is in the past! But thank you still, for leaving a light on and the door open... IcelandGirl.
  4. Hey there Hippychic823, I got back on the Boards after a long hiatus because I have a couple of issues -- including one with TekCollect too. My situation is a little bit convoluted with TekCollect as they seem to have been trying to reach me for pre-collections on a tuition payment around Christmas, that was supposed to be billed to my employer, for a class I took and dropped. But their messages were so wacky and unprofessional I ignored them. They literally sounded like those scam calls for IRS payments. When I finally received something in the mail and called the school, I had been sent to collection. That's what I get for having a temper. But in researching Tek Collect I saw that they seem responsive to customers who reach out to them with specific cases directly through the Ohio BBB web page for TekCollect. Things at least appear to get resolved and removed quickly. I think I saw about 70 customer reviews/complaints on the page that TekCollect responded to... and about 6 reviews by vendors using them that were mixed. Here is the link. Hope it can help you. https://www.bbb.org/centralohio/business-reviews/collection-agencies/tek-collect-incorporated-in-columbus-oh-65002310/reviews-and-complaints. If it works, would you report back? Not much that I found on TekCollect. Take care, IcelandGirl

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