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guest

I just received a collection letter for 8 year old hospital bills. They were never on my credit report. Can the new collection place put them on my credit now since the bills are over 7 years old?

Posted: Tue Jun 24, 2008 5:33 pm Subject:

No they cannot. The date of default on medical bills would be the date of service as most hospital/Dr bills are due when services are rendered. If date of service was 12/00 or earlier (7 yrs + 180days) then reporting period has expired. Not knowing what state you are in, not sure if SOL has expired or not.

Posted: Tue Jun 24, 2008 6:55 pm Subject:

It would be a good thing to find out when the SOL expires in your state. But one thing to know: if you make a payment after the SOL expires, the clock starts all over again and the SOL starts again. Just something to keep in the back of your mind.
You could also have junk debt buyers who could be calling you.

Posted: Tue Jun 24, 2008 9:22 pm Subject:

And also, depending on the state, a payment does not always reset SOL. In Texas, you have to re-affirm in writing in order for SOL to start over again.

Posted: Wed Jun 25, 2008 2:24 am Subject: debt

I live in PA. (I think?) the SOL is 6 years. 'Get this one', though. I have a collector call me about a bill, that was 10 years old. My ex and I 'had' the bill, when we were married. However...........the bill is in ONLY my ex's name..and the collector called ME to take care of it. Now..here's a question. If the bill is in my ex's name ONLY, how did the collector get MY number? The collector was talking about "wage garnishemnts", etc. In the state of PA, they can't do that, with 10 year old bills ( especially if the bill wasn't in my name.)

Posted: Wed Jun 25, 2008 3:27 am Subject:

Check your statue of limitations HERE. Smile

guest · Posted: Wed Jun 25, 2008 4:36 am Subject:

Im in Ohio so Im not really understanding what kind of debt emergency room visits are because you sign papers when you get there when it comes to the SOL. confused!

debt attorney

Furthermore, you may take action against such debtor....If you should have any questions, I am an attorney who handles such cases...
-Matt

Posted: Wed Jun 25, 2008 12:08 pm Subject:

SOL in OH is 15 years (OUCH!!) but I would do some research and see if you can find case law to back that up for medical bills. If you can find valid recent caselaw to support open-ended SOL of 6 years thta would be to your benefit. Wishful thinking I think but it can't hurt to do the research.

Posted: Wed Jun 25, 2008 12:09 pm Subject:

Furthermore, you may take action against such debtor....If you should have any questions, I am an attorney who handles such cases...

Wow Debt attorney...I think you have this board confused with the InsideARM. Twisted Evil

Posted: Wed Jun 25, 2008 12:35 pm Subject:

Yeah, me-thinks "debt attorney" might be a tad confused.

Posted: Wed Jun 25, 2008 6:31 pm Subject:

Maybe I should let him use my avatar!

Posted: Thu Jun 26, 2008 5:34 am Subject:

Yea Ohio's sol truly sucks! Look for case law for shorter period or check UCC statutes.It is way too old to touch your report.Another thing to look out for is if this is a government hospital,there may not be a sol at all.Whatever you do make sure it does not end up in a civil judgment because that can be placed on your credit report.

guest · Posted: Fri Jun 27, 2008 1:18 pm Subject:

for some reason I cant seem to find anything on UCC statutes in ohio. I was lost on the wesite I found Could you possibly "direct" me to any websites. Thanks for your time

Tabby · Posted: Sat Jun 28, 2008 2:26 pm Subject:

I found this information on Justia.com:

§ 1303.16. (UCC 3-118) Statute of limitations.

(A) Except as provided in division (E) of this section, an action to enforce the obligation of a party to pay a note payable at a definite time shall be brought within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.

(B) Except as provided in division (D) or (E) of this section, if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note shall be brought within six years after the date on which the demand for payment is made. If no demand for payment is made to the maker of a note payable on demand, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten years.

(C) Except as provided in division (D) of this section, an action to enforce the obligation of a party to an unaccepted draft to pay the draft shall be brought within three years after dishonor of the draft or ten years after the date of the draft, whichever period expires first.

(D) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or traveler's check shall be brought within three years after demand for payment is made to the acceptor or issuer.

(E) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument shall be brought within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed.

(F) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, shall be brought within six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time or within six years after the date of the acceptance if the obligation of the acceptor is payable on demand.

(G) Unless governed by other law regarding claims for indemnity or contribution, any of the following actions shall be brought within three years after the cause of action accrues:

(1) An action for conversion of an instrument, an action for money had and received, or a similar action based on conversion;

(2) An action for breach of warranty;

(3) An action to enforce an obligation, duty, or right arising under this chapter and not governed by this section.

HISTORY: 145 v S 147. Eff 8-19-94.

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turning me into collections for 8 yr old bill

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