Legal Question in Credit and Debt Law in California

Hospital Bill From 15 years ago

My son's girlfriend just checked her credit report and found that there is a $2500 unpaid hospital bill (after her child's birth) from over 15 years ago. She was not aware of it. She has received no correspondence from them, and she has lived at the same address for over 30 years. She was going to pay it, however I told her there must be a statute of limitations. Shouldn't she be able to dispute it with all three credit agencies and have it removed from her record?

Thanks!


Asked on 8/12/08, 4:22 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Hospital Bill From 15 years ago

Absolutely!

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Answered on 8/12/08, 4:31 pm
David Gibbs The Gibbs Law Firm, APC

Re: Hospital Bill From 15 years ago

If it has been 15 years since the obligation was due, the statute of limitations for collection of the debt has long since passed, and therefore they have no right to collect it. Further, because there is no valid underlying debt, they cannot report it on her credit report as being delinquent. First, file an objection with all three credit reporting agencies, and demand that it be removed. The obligation to prove the debt is valid now falls on the creditor. In the objection, specifically state that the statute of limitations for collection of the obligation, which you dispute in the first place, has long since passed. You should be successful, and if not, you can pursue an action against the creditor under the various consumer protection laws that govern debt collection and reporting.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 8/12/08, 5:03 pm


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