Legal Question in Credit and Debt Law in California
In 2007 I had a very minor but medically necessary dental procedure performed. I had insurance at the time and was told by the dentist office that the procedure was covered. Just short of 2 years later I received a bill from the dentist that was marked as urgent as a payment of well on $1000 was immediately due. I immediately called the dentist office and was told not to worry about it, that they had switched to a new billing company, and that they were waiting to here back from my insurance. I received 3 or so more letters of the same nature and called the dentist office each time, and each time I was told the same instructions. I recently received a letter in the mail stating that my bill was sent over to collections. What rights do I have seeing as how the dentist office sent me no bills prior to the urgent bill that was sent almost 2 years after the initial service? Is there a limit on the time they can wait to invoice me? No one at the doctors office has been able to explain to me the nature of the bill. I now have to deal with the possibility of this matter affecting my hard earned great credit score. There have to be some legal rights that I have in this matter.
1 Answer from Attorneys
Your dentist or creditor has up to 4 years from the date of the service or charge to file a lawsuit against you for the debt. First I would write a letter to both the dentist and the collection agency disputing that you owe any amount and demand a copy of all their correspondence with your insurance carrier. I would also call your old insurance carrier and see what happened to the bill. Usually healthcare providers say that you owe them for the service but as a courtesy they will bill your insurance and wait for payment.
You still owe for the services but if the dentist told you that they would bill your insurance and screwed it up then you may have a defense to the debt. However you need to act now and see what is going on. If you get a notice form the collection agency immediately write back, disputing the debt and demanding that they verify it that way it won�t go on your credit history until they do their investigation.
Hope that helps and good luck.
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