Legal Question in Credit and Debt Law in California

Statute of limitations for medical debt

I was in a skiing accident in 1989 and dislocated my shoulder. That same year I moved to go to college, with agreement that my parents would pay for my medical bills. It is now 2004 and I have received a letter from a law office that a collections agency has placed lien on any future loans I would apply for. My question is, can a collection agency do this? It has now been 15 years from this date. Is there a statute of limitations for this type of collection. I was told by the law firm the this debt could follow me indefinetly and be re-activated every 10 years. Is this true?


Asked on 6/17/04, 7:40 pm

3 Answers from Attorneys

Joseph Richardson Borton Petrini LLP

Re: Statute of limitations for medical debt

The only way they could collect is if you made a promise to pay in recent years, or something that affirmatively puts you on the hook. Sounds like they are far past the statute of limitations. They could only renew a judgment every 10 years if they sued you and got a judgment. If the breach happened (breach of contract for failure to pay, etc.) more than 4 years ago (I'm assuming this is California), and there's no new promise to bind you now, then they should not be able to even sue you at this point. You may want to have a conversation with your parents and be sure there were no new promises, etc.

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Answered on 6/17/04, 8:01 pm

Re: Statute of limitations for medical debt

I believe the statute limitations in California for writtent contracts is ten years. The only way the statute of limitations can be refreshed is you made a payment on the account. Check to see if payments were made by your parents to see if the statute of limitations was refreshed.

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Answered on 6/17/04, 9:07 pm
Larry Rothman Larry Rothman & Associates

Re: Statute of limitations for medical debt

Is there a judgment against you. If so, that may be renewed. If there is no judgment against you, you may have a claim against the law firm and creditor under the Fair Debt Collection Act - both Federal and State. Please fax me a copy of what you received to 714 363 0229 with your phone number and I will call you and advise you if you have a case.

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Answered on 6/17/04, 9:28 pm


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