I have a claim that I refuse to pay and my insurance doesn't want to cover. It is not a "recurring problem" but the insurance company wants to think so in order to not cover. Can someone tell me what the statues of limitations are in order to remove this eventually off of my credit and or to write to my creditors to eventually have removed?
2007-07-11 13:07:51 · 7 answers · asked by Chris O 1 in Politics & Government ➔ Law & Ethics
In Virginia, the statute of limitations on collections for an account that is active (still open) is 3 years from the date of the last charge on the account. In order to remove it from your credit, you will have to dispute the charge, you may have to prove that you don't owe it, or you can retain an attorney who can help with your credit on this and let them handle it.
2007-07-11 13:13:12 · answer #1 · answered by CJ 3 · 0⤊ 1⤋
If you refuse to pay it, you can't just remove it from your credit card and get to go away. You need to resolve it with your insurance. All states have mechanisms through which you can appeal adverse decisions by health insurance companies. File a formal appeal with the company itself first (info should be on the back of the bill or statement) and then if that doesn't get you anywhere, appeal to Virginia's insurance regulating agency. But if you just ignore it and don't do anything, then you won't be able to get it removed. Remember that the dispute between you and the insurance company is not the credit card company's problem.
2007-07-11 13:15:32 · answer #2 · answered by Anonymous · 1⤊ 1⤋
the first answer may or may not apply to your actual credit report. I think what they mean is if they do not attempt to collect it for three years, then they have no further claim. (I may be wrong)
As for the collection report, I think 7 years is the amount of time it can remain on report. Medical bills are viewed differently than other types of debt on your report.
I also suggest disputing it with all three companies, although be prepared for a long fight with them. Send your dispute letters to them, with copies of all evidence supporting your claim, and do not contact them again until you hear from them. YOu will most likely eventually receive a form letter saying they "verified" the debt. That means they asked the debt collector if you owe them money, and they replied with a yes. Send a more stern letter, again with evidence.
good luck
2007-07-11 13:20:34 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Under FEDERAL law, the item can appear on your credit report for 7 years after the date of delinquency. The statute of limitations limits the time when you can be sued to collect. It does NOT mean you no longer owe the money. The reporting limit and the statute of limitations are totally separate issues.
2007-07-11 14:35:46 · answer #4 · answered by STEVEN F 7 · 1⤊ 0⤋
Sorry CJ but three years SOL is for verbal agreements and open accounts. An open account is defined under the UCC as a revolving account such as a credit card.
In this situation, the SOL is 5 years for a written agreement or 6 years for a promisory note and based on hospital admissions forms, this would fall under a promisory note.
So, poster, when was the LAST payment on the account (regardless of whether or not you paid it).
When you answer that question I can more fully define your next action.
2007-07-11 13:54:50 · answer #5 · answered by hexeliebe 6 · 1⤊ 1⤋
you should truly not difficulty with regards to the statute of barriers and easily pay your duties. whether it takes paying $10 a month for the subsequent 50 years. additionally, there is not any somewhat Statue of barriers. No sculpture of barriers.
2016-10-20 22:03:23 · answer #6 · answered by ? 4 · 0⤊ 0⤋
If your insurance company refuses to pay, then it is your responsiblity to pay and it will remain in your record for at least ten years or five years if you come to an agreement to pay it.
2007-07-11 13:14:00 · answer #7 · answered by Geradeaus 3 · 1⤊ 1⤋