Medical Malpractice Attorneys and Lawyers

It has been over seven years for medical bill that is being collected through attorney, what to do now?

I have been paying this medical bill to the same collection attorney firm for over 10 years, so what is the statue of limitation? THis hospital bill has only been with one collection attorney since 1995. If it is passed the statue of limitation what do I need to do?

Public Comments

1. They sued you & got a judgment. They sued before the statute was up so your stuck. You may want to call to see if they would agree to a lower amount to settle in full now.
2. The statute applies to the last date of payment activity... so if you were billed for the first time in 1995 but made a payment in 2007, you are on the hook until 2014 (even though 1995 is more than seven years away). Then again... depends on your state as well... http://www.fair-debt-collection.com/SOL-by-State.html check that out.
3. It has NOT passed the statute of limitations-because once you started making the payments, the statute of limitations was void. That ONLY means how long a period of time can pass before they can no longer sue for payment from the original bill if they did nothing in that time! Obviously you settled this through a collection agency firm...and anytime you stop making payments-the clock starts ticking from THAT date-not the date of the medical bill. And you would be liable for all new court fees, collection fees, attorney fees, interest...you could end up paying double what the original bill was. You no longer owe the hospital...they SOLD their 'bad debts' to a collection agency so now you owe THEM money. They paid the hospital a fraction of what you really owed (they would 'buy' all the bad debts every year-so the hospital at least gets a partial payment but makes a note on YOUR account that you were deliquent on a bill)
4. Was this a voluntary agreement? If so what were the terms? There are a couple of ways out of this...but alot depends on how you originally handled the situation. WHAT DID YOU SIGN? There are usually two types of debt collectors. The first type, buys the bulk of debt...say like all the accounts that haven't paid......for cents on the dollar. The hospital/doctor's office then writes it off and has nothing else to do with it. The collection (attorney) in fact then "owns" that debt and has the ability to negotiate/reduce the payment or total amount. They also have a legal right to refuse. If you have been sued in a court.(magistrate) and the company has received judgement, you should be making payments to the court and you can request a hearing..have the amout reduced or dismissed...DEPENDING ON WHAT YOU SIGNED> Second there are attorneys that represent institutions like hospitals, and they are usually paid a flat rate or fee (%) for representing the entity....While your communication would be from an attorneys' office, you could still speak with the hospital or doctor's office and ask if your debt can be reduced or eliminated.... If you have been paying on this since 1995....and DID NOT receive a copy of legal action from and ACTUAL court....then there is no STATUTE of Limitation on this debt. because it is considered 'ACTIVE' and a legitimate debt. My opinion would be to A) Read the fine print on the forms you signed. B) go to your local courthouse and ASK the clerk if there is a judgement against you for this..C) Figure out how much the ORIGINAL debt was vs how much you have already paid...what's left? D) Contact the attorneys' office...and work something out. Keep in mind that alot of debt collectors use fear an intimidation to collect bad debt. There are laws..strict laws that are designed to protect the consumer. (google fair debt collection practices act). First know what you are dealing with. When you go speak with the clerk of court educate yourself as to what is lawful and what is not in your state. Your local Better Business Bureau can also give you some direction as to whom you could talk to about debt and these types of issues. Consumer Credit Counseling is also a good agency. All should be available to you on the web. In the future the best opinion I have is that before you enter into ANY agreement...make sure you bounce it off a legitimate third party (like Consumer Credit Counseling) thats' why they are there....and you will feel better too!!!!!!!!