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Ken1720

New and Looking Med Collection Removal Clarification

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6 hours ago, hangloose said:

Why Chat,

 

Where in the Revised Statutes does it show three years?

 

Actions Limited to Six Years:

(2) An action upon an account receivable. For purposes of this section, an account receivable is any obligation for payment incurred in the ordinary course of the claimant's business or profession, whether arising from one or more transactions and whether or not earned by performance.

 

Plus it seems there is precedence for 6 years with previous WA lawsuits.

 

I would LOVE nothing more than for WA to have a 3 year SOL, but it does seem pretty cut-and-dry for 6. I can see and understand what you're stating, but you cite only that one website and twist the words of an "Open-ended account" which isn't mentioned for Actions Limited to Three Years

 

Can you show anything that someone has successfully argued a 3 year SOL in a lawsuit, or any other evidence besides your interpretation of the RCW and that one Sapling website? I really do hope you can because that would honestly make my whole year

Also, 

 

RCW 4.16.40

Actions limited to six years

 

(1) An action upon a contract in writing, or liability express or implied arising out of a written agreement, except as provided for in RCW 64.04.007(2).

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2 hours ago, Bluesie58 said:

I’m pretty sure the WA Court of Appeals relied on the revised statutes in the cases I cited. 

Your cited cases were from 6+years ago and were all credit card accounts.

Washington sets a three-year statute of limitations on oral agreements, as well as open-ended accounts offered by retailers and credit-card issuers. 

Actions limited to three years.
The following actions shall be commenced within three years:
(1) An action for waste or trespass upon real property;
(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;
(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;
Washington appeals courts apply RCW 4.18.040, the rule for written contracts, when deciding cases involving credit card debt.
 

This is NOT a credit card account and therefore has a 3 year SOL

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42 minutes ago, Why Chat said:

Your cited cases were from 6+years ago and were all credit card accounts.

Washington sets a three-year statute of limitations on oral agreements, as well as open-ended accounts offered by retailers and credit-card issuers. 

Actions limited to three years.
The following actions shall be commenced within three years:
(1) An action for waste or trespass upon real property;
(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;
(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;
Washington appeals courts apply RCW 4.18.040, the rule for written contracts, when deciding cases involving credit card debt.
 

This is NOT a credit card account and therefore has a 3 year SOL

I was responding to @hangloose who asked about the SOL for credit card accounts.   It really doesn’t matter that the cases were from 6 years ago.   The law hasn’t changed. RCW 4.16.40 says actions arising out of a written agreement have a 6-year SOL.  
 

4.18.040 is for debt that was opened in another state.

Edited by Bluesie58

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All of you who are arguing with Why Chat it is for naught.   It's for a completely different subject rather than what the Original Poster asked.  Do you guys think for ONCE that when someone is trying to help another, that you could please refrain from going off topic and stirring the pot.

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On 10/18/2019 at 12:05 PM, Why Chat said:

Follow the guides;

https://whychat.me/GUIDEBOOK.html

Centex is correct. 3rd party credit reports should not be used for disputing.

 

https://whychat.me/GUIDE HIPAA PROGRAM.html

In order to use the HIPAA program you need to start from the beginning and follow it completely.

The initial dispute letter to the CRAs may get you some clarification and your results from that will help us provide you with the correct advice to continue.

https://whychat.me/hipaadisp.html

when sending the dispute letter list ALL medical accounts exactly as they appear on the report you are disputing.

 

If you have non medical accounts on your reports you will have to wait until the medical accounts are cleared off before dealing with them.

 

Come back to THIS POST for further instructions

Hi WhyChat, I had been away on travel but got the results from TransUnion a week or so ago and they removed the medical collection completely. Equifax has yet to respond to my knowledge. However, I tried speaking directly to billing about the second bill i was expecting and they were not willing to budge at all. And a not long after I was celebrating the other bill was put on my credit report as a collection. My question is, I plan on following the same process for this account, but does the prior collection just being taken off it hurt the new process at all?

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I am sorry you decided to speak directly to billing as this may interfere with you getting a deletion.

 

What was the date of service for "the second bill i was expecting"

 

If it was VERY recent, (within the past year) You can skip the initial steps and go directly to paying them ( the correct amount from your EOMBs) with the HIPAA letter insert "a".

 

Otherwise, the only CRA you can dispute to at this time is TU. Once the other CRAs delete the original collection you can start over with them on the new one. 

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