Legal Question in Civil Litigation in California
Legally responsible
I was sent to a hospital by someone who paid the expenses. My Insurance was billed and I was lead to believe everything charged beyond that was considered a ''gift''.I signed no promissory or contract stating I would re-pay any differences in dollars between my Insurance and the actual hospital bills. This person has come to me saying that I owe him the remaining balance. At the time this took place I was led to believe I would not be responsible for any payment. I signed no prommisory or contract.
This took place over 5+ years ago.
I was sent a letter today bt their attorney saying if I do not sign the prommisory note and start making payments by 10/01/03 I will be sued.
What should I do?
3 Answers from Attorneys
Re: Legally responsible
Normally the statute of limitations on a written agreement is 4 years and 2 years on an oral. A contract to guarantee for another person must be in writing. Please contact our office to set up an appointment to review your documents and prepare the proper response to the attorney.
Re: Legally responsible
Based on the limited information you provided, it does not appear you have a contractual responsibility to pay the money demanded, however, I need to see all documentation involved and possibly discuss the argument the other attorney may be making, ie., there may be documents you've forgotten or do not know of. Call to discuss. 800-685-6950
Re: Legally responsible
As Mr. Rothman points out, the statute of limitations for a contract case would normally have run by now. Unless there is something about your case which you haven't mentioned which would alter the limitation, you probably have a complete defense based on the delay.
However, if there is some reason why this claim is not time-barred, you may be on the hook. You say you were "led to believe" that the costs were a gift, but you offer no explanation of what led you to this belief. Your belief may or may not be reasonable, and without more facts I can't say whether it is or how that affects your rights.
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