statute of limitations

What is the SOL on a medical bill. I just received a letter from a collection agency for date of service 4/21/98. I received a phone call from this agency on 11/17/05. They wanted to settle with a payment of $806.49. I did not know what these charges were for so I ask for a itemized bill. All they sent me was a bill from the agency. I called the hospital to get an itemized bill, they told me the last bill they sent me was in 7/1999, this originally was a workmans comp claim but w/c denied. I since have changed employers, I am unsure who I had for medical insurance at that time. It has been 7 years and 7 months. Thanks for the help!

I forgot to mention this has taken place in Florida, which I still remain.
Thanks

Hi Lisa,

The statute of limitation in Florida is for 5 years. You have not mentioned the date of last activity in the said accounts. Depending upon the date on which the account last turned delinquent, the account will go out of the legal collection period after 5 years.

Regards
Roxette

I would say the last activity on this account would have been the date of service (4/21/89) because I haven't made a payment on this because I didn't know it exisited until 11/17/05. Thanks you so much for your help.

What is the SOL for legal action in SC for a bounced check to payday lender and for delinquent credit card payments? Are the start dates the day it bounced for the check and the last payment date for the CC?

Hi Pearl

Welcome to the forums.

In South Carolina, the debt goes out of the SOL period after 3 years. This is calculated from the date of last activity in your debt account. In other words, The SOL starts ticking from the date when an account last became delinquent.

Thanks, Roxette. Don't want to belabor the point, but want to be sure this means that if I have not made any payments on either debt (check or cc) in 3 years, then they cannot file a civil suit or file a lien on my car to recover any portion owed? I did not realize the SOL in SC was so short and last year had a judgement issued for a cc debt that I now believe was past SOL. I did not contest it because I knew I owed the money, but just could not make payments at the time. Am I just out of luck to try to contest it now? And if so, is there a SOL in SC on collection of the judgement? Was it legal for them to file the suit when they had to know it was past the SOL?

Hi Pearl

Welcome back.

Suppose you have a credit card account in which you made the last payment on 30 Aug 2002. This debt account will be within the collection period till 30 Aug 2005. Any creditor or collection agency can take legal actions against you within this period. Once the SOL on this account is expired after 30 Aug 2005, you can't be legally forced to pay the said debt and a lien also cannot be put on your property.

The court has already ruled in the favor of your creditors since you did not contest it. You don't have any other choice but to pay it.

Judgments in SC are within the SOL period for 10 years. You can be forced by the agency to pay the said debt within this period. I will suggest you to pay this debt and get free from it as early as possible. Your mind will get relaxed after you have paid the account completely.

Even if a debt goes out of the SOL period, it does restrict any creditor or CA to make collection attempts. They have the legal rights to make these types of efforts at any point of time. But it is important for you to know the SOL period of the said account. If the account is past the SOL period, you can refuse to make the payment although your CR is already tarnished because of the negative remark and it will stay for 7 years as per the reporting time in the FCRA laws.

But if you pay the debt at any point of time, you will be bringing a slight improvement to your credit identity. The account will be shown as paid and it will portray a reasonable view in front of your future lenders.

Regards
Roxette

Got a letter out of the blue by some collection attorney "representing" Ford. I had a car repoed over 10 years ago. The line item has since come off my credit report.

The attorney wants to take a deposition from me in a month - he is also requesting, banks statements, tax returns, pay stubs, and any deeds that I might have.

What should I do? Thanks - Curt

Curt, in MOST cases, you are responsible for the BALANCE DUE. Read the contract you signed to find out more on it.Its NOT something you want to forget about. Lenders do get judgments for the balance and do collect them. Good Luck

Review the papers properly from the attorney that proves that they are legitimately collecting the amount from you. They are the ones legally collecting it from you.

i owe montgomery ward about 4,000 in credit card debit and i wanted to make a payment arrangement with them and they told me that nothing has been paid on this account account for twenty years. they wanted 450.00 before they would consider a payment arrangement. what can i do about this situation.

If this is the scenario, I'm sure the SOL is already over. However, you can check it with a local lawyer. Or visit this thread to find out. SOL depends upon the type of debt and it varies for different states as well-

http://www.debtconsolidationcare.com...state-sol.html

A past SOL debt is not collectable legally, hence it's solely your choice, if you would pay it or not. No legal action can be taken against you on a past SOL debt.

Does anyone know the sol for ohio and new jersey, my fiance is trying to find out if an account with assest acceptance it ove the sol for these two states. He lived in new jersey whne he opened a bally's account that he had to close due to medical reasons. He now lives in ohio and any info would be helpful since we are trying to get his credit cleared up.

Cat

The SOL of NJ will be considered for calculating the SOL period because the account was opened in that state. It is active for six years from the date of last payment done towards the account. Did Asset Acceptance explain this debt to you in writing? By federal laws, they must give you the necessary information about the account and prove SOL before attempting collections. Perhaps, you need to send a debt validation letter if you don’t get anything in writing from them.

I made a SBA loan thru a bank in GA. for $20,000, 2 year note. I repaid $10,000, gave the bank permissions to sell the equipment ($35,000 - new - 1 year old). Never heard from them again. Last payment, 3/2001. A debt collector contacted me stating this to be a 20 year maturity note until 2017. Is this true and although I never heard from the bank, I did not get to keep the equipment( Health club). Can they still take me to court? My Sol in Michigan is 6 years. Also, this debt collector is not licensed to collect debt in Michigan

No one can sue after the sol expired. You get the legal protection from that day when the debt went out of the SOL. But the debt is still valid and an unpaid balance will hurt your credit ratings.