Legal Question in Credit and Debt Law in California

Both my kids had medical service rendered on 2/7/07. I just recieved a bill and called wanting to know what the bill was for since my kids were on Healthy Families. The billing person said they sent the bill to insurance and in May of 2008 the insurance said that my kids were not elligible. She then said she tried to call me on my cell phone once in May of 2008 but never heard back from me, and then the papers "Sat onher desk until Jan. 2010" when they decided to make it a cash pay account. She said her computer shows they sent out statements, which she gave me and was our old address as on 2/7/07 was the last time we went to that doctor. In July 2010 I called them to request a copy of a medical record because my daughter was starting school and that's how they got my new address. I just recieved a bill. The lady read all the dates to me from her notes as I told her the dates back and asked her if she thought they were odd that a bill from 2/7/07 wouldn't get elligibility verified until May of 2008 and then they would only call once and then leave sitting on a desk until Jan. 2010. Is there a statute of limitations for California and would this even fall into that catagory.

Thank You!


Asked on 10/22/10, 10:56 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Depends on whether or not you signed something indicating that you would be responsible for repayment of the debt. Generally, the statute of limitations would be four years from the date of default, which is probably the time at which the insurance company denied the claim. To get an exact opinion on this, you'll need to hire an attorney to review all of the paperwork, the dates involved to determine the actual date on which the statute began to run, and how long it is.

*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. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 10/27/10, 12:29 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California