Expert: Michael Brotherton - 7/17/2007

Question
I had a medical incident in July of 2005 and had to be treated at a local hospital.  I was uninsured at that point (insurance started 8/1/05).  While I was in the process of verifying if I could get assistance with the claim through insurance or through the state, the matter was sent to collections.  The collection agency then referred the matter to the hospital's attorney.  When I received the initial contact about this matter, I contacted the attorney because the amount seemed off.  I was told by the secretary that the debt is not mine, but someone else's with a similar name (this was in September 06).  I disregarded the matter, and received a summons in February.  I called the attorney and was told I could pay 60% and they would forgive the debt.  I paid $2345 by cashiers check.  This was $250 shy of the total.  I paid the $250 days later by cash left at the office.  Long story short they say they never received the cash and are sending this to the courts again.  I now owe a total of 1087 approx to make the debt paid in full.  It was originally under $1k but they added "administrative costs"
to make the matter over $1k.  I never received any notification from April (when the lump sum was paid) until July that they didn't receive the funds.  I have 2 questions:

1.  Is the initial judgment past the Statute of Limitations in RI?  I read that medical debt is 1 year.  

2.  What recourse do I have to invalidate this based on the fact that I paid everything according to agreement (the locked mailbox I left the cash in was apparently broken into).  And also the fact that when I initially disputed the debt back in September of 06, I didn't receive any contact until February.  I did make the payment after that point...is that like admitting guilt?

If I present this to a court, do you think I would have a chance of avoiding a judgment?  I don't want that on my credit score!

Answer
I am afraid their is no 1 year SOL on any type of debt in RI.

My question is, Did you get anything in writing about the settlement? If not you may be SOL. You wont be able to prove it in court.

Also, you have no receipt for the $250. This may be a problem. You may need someone to negotiate this thing for you. They seem to be running over you a bit.

You may be able to convince the judge of your settlement but if they want to dispute it you may have a difficult time proving your side. However, if you have record of the 1st payment (supposed settlement), you may dispute the so-called "administrative fees" and settle this anyway for what you already paid.

All said, you have a chance, although slim, to resolve this. They were dishonest in their dealings with you and I believe in justice. Do what you have to do.