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delinquency notice after 3 years...legal to harrass me ?

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annegg

Member
What is the name of your state (only U.S. law)?

California.
Hey all, just received a payment delinquency notice from a Medical Lab from a service date of April 2007, for an amount of $200.00 that they claim I did not pay and that if I do not respond with payment they will send me to collections by Jan 10, 2010.
Now, I certainly don't have canceled checks from then, any longer, and for such a small amount I would never NOT pay up in a timely manner.

Can they flake out and not bill me for nearly 3 years, or lose my accurate account info , then say with in 2 weeks send me to collections if I don't pay up?

Thanks,
 


Dillon

Senior Member
What is the name of your state (only U.S. law)?

California.
Hey all, just received a payment delinquency notice from a Medical Lab from a service date of April 2007, for an amount of $200.00 that they claim I did not pay and that if I do not respond with payment they will send me to collections by Jan 10, 2010.
Now, I certainly don't have canceled checks from then, any longer, and for such a small amount I would never NOT pay up in a timely manner.

Can they flake out and not bill me for nearly 3 years, or lose my accurate account info , then say with in 2 weeks send me to collections if I don't pay up?

Thanks,


the statue of limitmations is properly expired to collect.
 
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Zigner

Senior Member, Non-Attorney
the statue of limitmations is properly experied to collect.

Dillon - this doesn't even make sense.

Furthermore, if you took a moment to do a bit of research before issuing your blather, you'd find that the SOL has NOT expired for this OP and won't for over a year.
 

Artemis_ofthe_Hunt

Senior Member
the statue of limitmations is properly experied to collect.

Only a fool would take advice from someone as ignorant and uneducated as Dillon proves himself to be every time he posts or opens his mouth.

did i post something you dont like?

Dillon - this doesn't even make sense.

Furthermore, if you took a moment to do a bit of research before issuing your blather, you'd find that the SOL has NOT expired for this OP and won't for over a year.

I had to shake my head to make sure I wasn't seeing things on the first post. I re-read it three times trying to figure out what he was trying to get across.... still am not sure, but AM sure that his blather could certainly get the OP into trouble for ignoring a debt that is still owed.

OP, call the creditor back and ask for a debt verification, ask nicely (gather more honey) if they ask why they should, tell them that after 3 years, you aren't sure what it was for, and want to protect yourself against false collections.
 

commentator

Senior Member
This sounds very much like the group that got hold of my son--three years later. He kept asking for vertification, a statement of some kind showing that he owed this debt. They never sent one, though they said they would, and he waited and gave them plenty of time, but they kept calling and harrassing him, threatening to sue him, call the police to have him picked up....eventually they stopped calling. The scary part was that they even sounded like foreign scammers over the phone, very heavily accented, unprofessional and threatening. But after watching an expose on a news show on television, I concluded that they were one of those groups who work "zombie debt." They did give up, finally.
 

Dillon

Senior Member
Only a fool would take advice from someone as ignorant and uneducated as Dillon proves himself to be every time he posts or opens his mouth.

i meant to say probably expired, its just one issue of many, to check into, they need to their own research (into statue of limitations for debt collection)

State law varies as to when a creditor or debt collector may no longer sue to collect: in most states, the statute of limitations period on debts is between 3 and 10 years; in some states, the period is longer. Check with your State Attorney General’s Office at www.naag.org to determine when a debt is considered time-barred in your state.


if me, i would challenge any judgment for defective pleading in the orginal case, if the planitiff''s attorney testified to any facts in the case?
 
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Country Living

Senior Member
What is the name of your state (only U.S. law)?

California.
Hey all, just received a payment delinquency notice from a Medical Lab from a service date of April 2007, for an amount of $200.00 that they claim I did not pay and that if I do not respond with payment they will send me to collections by Jan 10, 2010.
Now, I certainly don't have canceled checks from then, any longer, and for such a small amount I would never NOT pay up in a timely manner.

Can they flake out and not bill me for nearly 3 years, or lose my accurate account info , then say with in 2 weeks send me to collections if I don't pay up?

Thanks,

Contact your bank to get copies of your checks or some reasonable documention to prove you paid. They'll charge you a small fee for the research.
 

Some Random Guy

Senior Member
really, thank you, for the spelling check, probably is the correct word to be posted.

sometimes, i just type too fast.

Actually, the correct spelling of the word is N - O - T. as in "the statue of limitations is NOT expired to collect. " For California, the statute of limitations for written debts and contracts is four years, and for oral agreements two years. So if your son went to a doc in California and the tests were ordered, then expect this to be considered a written contract in CA.

Poster, ask for validation of the debt and ask your bank for copes of checks made out to the lab, as has already been suggested. You really should keep bank statements and check registers for more than 3 years.
 

Zigner

Senior Member, Non-Attorney
Actually, the correct spelling of the word is N - O - T. as in "the statue of limitations is NOT expired to collect. "

Dillon doesn't want to attempt to offer accurate advice. He'd rather just spew crap and if he happens to get it right...all the better!
 

mullison

Junior Member
Looks like the California statute of limitations is either 2 or 4 years. It depends on what kind of debt it was and if there was a written contract.

In any event, the plaintiff is going to have to prove that you incurred the debt, maybe from some sort of billing in this case, and they'll have to present it at trial, if it makes it that far. One has to wonder if they're willing to pay legal fees to collect a $200.00 debt. Who knows, though. They might. You'll want to see if they can collect legal fees for this kind of debt.
 

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