I'm being sued for past due medical bills. I have a court date for a summary judgment in about a month. I have argued that 2 out of the 4 bills are past the SOL. The attorney for the plaintiff said they were not because of payments made by me. So I asked for proof of payments because I didn't remember any payments made by me. They could show proof of one of the bills. And they send a copy of a money order with a account number written on it for $100. That account number matches only one of the bills in question. There is only a $30 payment towards that bill. What they did was took my $100 payment and split it up over three bills to keep them active I guess. I find this unethical if not illegal. I did find a piece of mail from the collection company from back in 2009 for this bill with the same account number saying TOTAL DUE: $100. They never paid that bill off with my payment. I can't find anything on the internet on how to deal with this. Should I wait till my court date and bring it up to the judge or send in a request for dismissal now? And I'm not sure how to write it because I can't find a law for this problem? I'm from Oklahoma if that changes any answers

First, if summary judgment is scheduled, I really doubt that this belongs in the "small claims" forum. To my knowledge, small claims procedure doesn't allow for a summary judgment process anywhere.

And you seem to be mis-understanding the concept, that a SOL is not tolled if payments have been made on the account. If a payment was received on the account, not on any single invoice, it starts the SOL running again. If you paid $100, they were within their rights to apply it toward the oldest invoice.

It doesn't appear that a motion to dismiss would be in order, but rather a motion for summary judgment. But wait: you already have a MSJ hearing scheduled, right?

There are different account numbers for every bill. The mail I have has total due $100 on the bill with. And they still couldn't prove a payment for one of the other bills.

Just so I understand - one Physician, separate bills for separate procedures?

Not a medical group with separate bills for separate Physicians?

I'm being sued by the collection agency. Bills are from different physicians and ER visits. The collection agency got these bills at different times. All the bills have different account numbers on them. The bills range from 2005 to 2007

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Originally Posted by klow17

I'm being sued by the collection agency. Bills are from different physicians and ER visits. The collection agency got these bills at different times. All the bills have different account numbers on them. The bills range from 2005 to 2007

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Same medical group for all the bills though... different physicians.

Quote:

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Originally Posted by klow17

I'm being sued by the collection agency. Bills are from different physicians and ER visits. The collection agency got these bills at different times. All the bills have different account numbers on them. The bills range from 2005 to 2007

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Different account numbers OR different numbered invoices, all from the same group?

Each bill says account # 000000. They are all different. The bill I got in the mail that I thought I paid off had said total due $100. Client would like to have this paid in full. The account number on the mail and on my payment match but the account numbers on the other bills that they applied my payment to had different account numbers. Plus they still can't show proof of payment for a totally different bill (no itemized statement, no sign

No signed contract from the hospital) just the print out from the attorney.