Legal Question in Credit and Debt Law in California
Chiropractor Debt
I was rear ended by a woman and treated by a chiropractor from February to May 16th, 2005. The bill was $2400. It was submitted to the other party's insurance company. I never heard from the chiro after that until 3 days ago. I got a letter from a collection agency that I owe $3400 (the bill and $1000 in interest). I live in--name removed-- where the statute of limitations is 4 years. I contacted the collection agency and spoke to someone but just to find out what the bill was for. I made no statements as to whether I owed it or would be paying anything. I am wondering if the SOL will toll on 5/16 of this year when 3 years lapses, or how it works with DR bills. I was never sent a bill by the chiro, even though the collection agency says they show 4 bills sent. I never received a bill. The latest date is something that was sent to the insurance agency as a bill in July of 2005, but no bill was ever sent to me directly or directed to me. Do I owe this money, when do the SOL toll, and what are my options? Thanks.
2 Answers from Attorneys
Re: Chiropractor Debt
The letter may be a violation of the Fair Debt Collection Act. We would need to review the letter.
Please contact us if you have any questions.
Re: Chiropractor Debt
You are correct that the statute of limitations, based upon the facts you have posted, has run and the obligation may no longer be enforceable. Your use of the word "toll" is incorrect, and in fact, tolling of the statute is potentially a reason that the debt "may" still be enforceable. On a debt such as this, the statute of limitations begins to run when the debt becomes due and is not paid. You are correct that the statute is four years. However, there are certain intervening actions which might "toll," or delay the running of the four years. Without thoroughly reviewing the matter in great detail, it is impossible to state for sure that the statute has in fact run, but if I were you, I would defend the collection efforts on that basis. Attorney Rothman is correct - this may be a violation of the Fair Debt Collection Practices Act, and I would suggest that you contact an attorney to discuss your options.
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