Legal Question in Credit and Debt Law in Florida
Disputed debt
Called to make appointment with doctor seen only once 3 1/2 years ago. Office receptionist stated there was a $60 balance due from the previous visit 3 1/2 years ago, even though I have never received any past due notices. I do not have any paperwork, check stubs, etc. from that far back. I make a point of paying bills when received so therefore believe I paid if billed, but I do not know for a ''fact'' (tangible proof or memory) that I received or paid the bill. Is there a time limit on collecting something like this when no action has been taken or notice given for 3 1/2 years? Had I not called for another appointment, the matter would not have come up now.
1 Answer from Attorneys
Re: Disputed debt
There are two ways of attacking this issue. One is the statute of limitations on a non-written contract in Florida is one year. The second way is that doctrine of laches. If you never recieved a bill for three years they have waived the rigth to collect. I would ask to see any documentation they have on billing you. On a practical note if you do not pay they have the right to refuse to see or treat you....think about it.
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