Legal Question in Administrative Law in California

I was in the hospital in June of 2003.

Apparently, my insurance company, Aetna, paid $10,300 at the time of my 3 day stay.

There was a balance of some $6400.

The balance was never billed to me at the time.

7 years pass.

I got a letter demanding that the hospital I stayed at be paid a past balance due of $6400 and the collection agency wanted $4400 in interest.

I contacted my insurance company to be told that I was in a hospital that wasn't under contract with Aetna at the time and that I should pay the collection agency because the time to appeal is only 180 days after Aetna's initial payment.

Is there an expiration exemption or any law that would help me because I am just hearing about this now?

Hospitalization: June 2003

Billing from a collection agency without a word about the hospital's balance: Mar. 2010


Asked on 7/14/10, 2:16 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I take unfair debt collection cases. The debt is too old to be legally collectible, and the collection agency has violated federal law -- they have handed you a free lawsuit for dunning you over it. Do not call or write the collection agency or you could unwittingly reset the clock and give them the right to sue you. Do not get your legal advice from some insurance company (they gave you incorrect information). Please contact me.

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Answered on 7/14/10, 5:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Stone. The statute of limitations has run out on this debt. There is a slight possibility that you could revive the claim by discussing it or making inquiries. Pay a few hundred to a lawyer to have the bill collector told what it needs to be told in the right words. Not so sure you'd want to assert any claim for the dunning, however - discuss this with the lawyer you ask to handle the letter-writing.

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Answered on 7/15/10, 9:09 am


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