I recently found out that a collection agency (which was sent a more recent bill) has an old account for a hospital bill that I fought years ago. Its from 2000 and the reason it wasn't paid was because the hospital did not bill my insurance during my time of employment. I wasn't with the company very long and by the time they billed the insurance (3 months later) I had moved on. Well, I fought it and thought it went away. Turns out, its with collections and they are trying to get me to pay it. But it is five years old and I believe the statute of limitations in Colorado is 3 years. Do I need to write a letter or something to let them know not to bill me anymore? I've been looking on the forum but I'm a little confused as to the steps I should take. As always, thanks for your help.
Here is the letter I've devised (from whychat's site). Let me know what you think.
Address etc here
[Date] Certified Mail No.: _____________
Re: Inquiry dated ____: Your file # _____
Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed.
The Rules of Civil Procedure of my State of Colorado provide a Statute Of Limitations limiting the time frame for any legal collection activities.
Under my State of Colorado Code #C.R.S. 13-80-101 the subject account has a 3 year limit for filing any legal action for collection.
The starting date of this statute of limitations being either the date of the last mutual activity, or the date of first default with the ORIGINAL CREDITOR of the subject account.
Records indicate that this date on the subject account #___________ with Exempla Lutheran Medical Center is five years old.
This notification is formal notice to you that any filing of such action by you, or your representatives or assigns, is therefore time-barred.
Under the FDCPA, any such action, or threat of such action is a violation of the law and grounds for fines and civil sanctions.
807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(2) The false representation of-
(A) The character, amount, or legal status of any debt; or
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
This notification to you is of applicable legal statutes, codes and laws. Other Federal and State laws may apply. Under the laws of my State, C.R.S. 13-80-101, continued collection activities, including reporting, verification or reinsertion of accounts. beyond their legal collection date to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.
Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.
I also reserve the right to forward a copy of this letter, and any other pertinent material to the Colorado Bar Association.
It doesn't matter that you were no longer employed when they submitted the bill, if the treatment was provided during your coverage period the insurance has to pay it.