Your Rights When Medical Debt Goes to Collections
By Bryan P. Keenan ยท July 11, 2023
When a hospital or doctor's office gives up trying to collect a medical bill, they usually sell the account to a third-party collection agency or hire one to pursue payment on their behalf. That moment often triggers a wave of phone calls, letters, and sometimes threats that can feel overwhelming.
But here is something many people in Pittsburgh and across Pennsylvania do not realize: you have significant legal protections when dealing with debt collectors. Federal and state laws limit what collectors can say, when they can contact you, and how they can pursue payment. Knowing these rights changes the dynamic entirely.
The Right to Debt Validation
When a collector first contacts you about a medical debt, they must send you a written notice within five days. That notice must include the amount owed, the name of the original creditor, and a statement that you have 30 days to dispute the debt.
If you send a written dispute within those 30 days, the collector must stop all collection activity until they verify the debt and send you proof. This is called debt validation, and it is one of the most underused tools available to consumers.
Why does this matter for medical debt specifically? Because medical billing is messy. Accounts get sold and resold. Balances may include amounts that your insurance should have covered. The collector might not even have accurate records of what you actually owe. Requesting validation forces them to prove the debt is legitimate and that the amount is correct.
Always send your dispute by certified mail with a return receipt. Keep a copy of everything you send.
Limits on How Collectors Can Contact You
Under the Fair Debt Collection Practices Act, collectors cannot call you before 8 a.m. or after 9 p.m. They cannot call you at work if you tell them your employer does not allow such calls. They cannot contact you at all if you send a written request telling them to stop. After receiving that letter, they can only contact you to confirm they will stop or to notify you of a specific action, such as filing a lawsuit.
Collectors are also prohibited from discussing your debt with third parties, including family members, neighbors, or coworkers. They can contact third parties only to find your contact information, and even then they cannot reveal that they are collecting a debt.
Harassment is off limits. Repeated calls intended to annoy, threats of violence, use of profane language, and publishing your name on a "deadbeat" list are all violations of federal law. If a collector is doing any of these things, they are breaking the law, and you may have grounds to sue them.
The Statute of Limitations on Medical Debt
In Pennsylvania, the statute of limitations on most debts, including medical debt, is four years. This means a creditor has four years from the date of your last payment or the date the debt became delinquent to file a lawsuit against you.
After the statute of limitations expires, the debt still exists and collectors can still contact you about it. But they cannot sue you to collect it, and they cannot threaten to sue. If a collector threatens legal action on a time-barred debt, that is a violation of the FDCPA.
Be careful about making payments on old debt. In some cases, making even a small payment can restart the statute of limitations, giving the creditor a fresh window to file a lawsuit. Before paying anything on an old medical bill, understand where you stand legally.
Medical Debt and Your Credit Report
Recent changes to credit reporting rules have improved the situation for people with medical debt. As of 2023, the three major credit bureaus no longer report paid medical collections. Medical debts under $500 are also excluded from credit reports. And new medical debt cannot appear on your credit report until it has been in collections for at least one year, giving you time to resolve billing disputes or apply for financial assistance.
If a collector is reporting inaccurate information about a medical debt on your credit report, you have the right to dispute it directly with the credit bureaus. The bureau must investigate within 30 days, and if the information cannot be verified, it must be removed.
When Bankruptcy Makes Sense
Sometimes medical debt is so large that exercising your rights against individual collectors is not going to fix the underlying problem. If you owe tens of thousands of dollars in medical bills, have accounts with multiple collectors, or are facing a lawsuit, it may be time to consider a broader solution.
Chapter 7 bankruptcy eliminates medical debt entirely. The moment your case is filed, an automatic stay stops all collection activity, including pending lawsuits and wage garnishments. Within a few months, the debt is discharged and you owe nothing.
If your income is above the threshold for Chapter 7, Chapter 13 allows you to repay a portion of your debts over three to five years, with any remaining medical balances discharged at the end.
Filing bankruptcy because of medical bills is not a failure. The bankruptcy system exists specifically for situations where honest people face debts they cannot reasonably pay. If that describes your situation, talking with a bankruptcy attorney is a practical first step toward getting your finances back under your control.
Need Help With Your Debt? Contact Bryan P. Keenan & Associates for a free consultation. Call 412-923-4941 or send us a message.