Aargon Collections (Medical Debt)
Date: Mon, 11/03/2008 - 09:32
The hospital had originally put the bill in my exwife's name. The divorce documents stated that I was responsible for my son's medical insurance, so I agreed to call the NV hospital from CA and place the bill in my name. The bill was for $6,000. This happened a year ago, September 2007, but it just showed up in my credit report this month. Summerlin Hospital apparently sold my bill to Aargon.
I live in San Diego and I only net $3,000 per month (which is peanuts for this area), and there is no way I can afford to pay this debt in full. Monthly payments to debt collectors seems like a bad idea, because every payment restarts the statute of limitations.
Questions:
Is my agreement with them considered oral, because I made it with them over the phone?
If they decided to sue, under which state's law would they sue?
Which state's statute of limitations would apply?
How likely would it be that someone in my particular situation be sued?
You are a resident of CA so CA SOL of 4 years would apply. If t
You are a resident of CA so CA SOL of 4 years would apply. If they were to sue you, they would have to sue in the county in which you reside. CA is also on of the few states where a payment does not reset SOL unless accompanied by a written promise to pay.
Thanks, NASCAR. I read some of the Nevada laws regarding serv
Thanks, NASCAR.
I read some of the Nevada laws regarding service of a summons, and my understanding was that firms have the right to serve out of state defendents for a lawsuit in Nevada. If the firm is unable to find the out of state resident, then they are entitled to make an announcement in the local newspaper, and that will suffice for service of the summons.
Is my assessment of the law correct?
If this company were to sneak it in a newspaper and get a default judgment, would they then have to go through the California court system in order to obtain a garnishment? I would think so.
I have heard of judgments being sought for much less than $6,000, so I'm sure I'll have to deal with this sooner or later. What immediate steps should I take to fight this, before it gets out of hand?
