Legal Question in Civil Litigation in California
is this legal: i had a judgement place against me for medical bills from a hospital. these medical bills exceeded the 4 yr written contract, statue of limitations, but yet a collection agency for the hospital used them anyways, why didnt anyone in the legal system, ie- judge say hey you cant use this evidence to get a judgment, it is not admissable in court. it is in fact past its statue of limitation. from what i understand , they called it a book? well dont they have to tear the pages out of the book after 4 yrs.
3 Answers from Attorneys
The statute of limitations is a defense that the defendant must raise in the litigation. The defendant's failure to raise the defense means that the defense is waived. The court has no obligation to raise that defense on the defendant's behalf at any hearing or trial in the litigation.
Often, default money judgments are entered by the court clerk without any judicial intervention. If you had no notice of the lawsuit because it was never served upon you, you might be able to set aside the judgment, answer, and defend on that issue. But you should act quickly.
It's your job to protect your legal rights by raising the defense. You may have waived it by failing to raise it or by not answering. If you had a default judgment entered against you, you need to speak to an attorney today about setting it aside.
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