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 Posted: Sun Jun 20, 2010 3:52 am Post subject: Heath Insurance Says I owe THEM! statute of limitations? |
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| An old mental health insurance company - Value Options that I had in 2005-2006 sent me a letter stating I owe THEM over a thousand dollars. They claim that a psychiatrist was not paid and they paid me instead. What is their statuute of limitations? The burden is on me to prove otherwise apparently. Strange. I don't recall getting a dime from them and I don't have bank records from 2005-2006. |
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lrchico
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| Posted: Sun Jun 20, 2010 12:58 pm Post subject: |
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I'm sure the doc has them...Did you have this carrier in 05/06? Did you see a Psych. then? Are you sure it's the ins carrier and not the doc telling you that you kept their money?
You'll have to check your state for the SOL. I think it's ten years in my state..
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Lori
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| Posted: Mon Jun 21, 2010 4:31 am Post subject: Yes |
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| I did see the doctor during that time but I can't recall if the dates are accurate or if they are bogus, since it was over 5 years ago! I certainly would remember getting a check for over a thousand dollars. I think I am am gonna ignore the letter and hope that they figure it out on there own. I don't know. |
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lrchico
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| Posted: Mon Jun 21, 2010 11:21 am Post subject: |
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well that's one approach..is it the doc or the insurance company? I don't see how the carrier would have a beef with you (even if you spent the money) unless the doc had filed a lein that they ignored, if that's the case, the doc could've forced them to pay it again...
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Lori
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| Posted: Mon Jun 21, 2010 10:32 pm Post subject: great thoughts! |
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| It is the insurance company wanting the money. They list these dates that apparently I had service. They say I have 30 days to respond. It wasn't certified mail, just a letter. It said they are the audit department of the insurance company. I am in California, do you know if they are even under the timeline to demand this money IF i did receive it? Five years has gone by, it seems like a long time to decide they want money "back" from me anyway. I don't know what to do. I just don't want to get sued over this. |
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lrchico
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| Posted: Tue Jun 22, 2010 12:50 am Post subject: |
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It's OK to be sued. Just a pain in the butt to have to defend.
If the dispute is governed under California law, unless they have made a demand for money within four years of the debt, it is uncollectable.
To protect yourself under the Fair Debt Collections Practices Act, you must respond in writing within 30 days. Tell them that you dispute the debt and demand proof of the debt as required by the FDCPA -- mail certified, return receipt requested.
They will have to supply billing notices, etc., in support of their claim or respond that they are no longer pursuing the debt collection. You can also put them on notice that unsecured debts not subject to prior collection activity within four years of the original obligation cannot be collected.
Do not send a "Cease and Desist" letter before they supply you with documentary proof of the debt. That way you'll have what you need to protect yourself in the event they attempted to sue. After you get it, then you can send the C&D letter telling them that you do not wish to be contacted except to be told that no further collection activity is being pursued or that legal action is being taken.
If you have proof that there is no debt as alleged, and they file suit against you, you would "answer" the complaint with a "demurrer" citing the fact that no cause of action exists (untimely attempt to collect, or no debt exists as alleged), and supply the proof as an exhibit, or in testimony before the court. And in your demurrer, you request attorney's fees and court costs if you prevail.
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MaxHerr
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