Legal Question in Credit and Debt Law in Georgia

How far back can a doctor bill try to collect money


Asked on 3/07/12, 3:58 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Generally, as far back as they want.

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Answered on 3/07/12, 4:08 pm

The statute of limitations is a legal defense only and applies in the context of court proceedings. It does not prevent a healthcare provider from trying to collect on a debt. Debts never ever go away unless they are resolved by payment, settlement or bankruptcy.

Legally a health care provider has a specific amount of time in which to sue, generally 4-6 years in Georgia. However, one can always find an attorney who might be willing to take a chance and sue you after the statute of limitations has expired. If that happens in your case, then get local counsel immediately to file an answer on your behalf and raise the statute of limitations. The statute of limitations is a waivable defense meaning that if you don't file a proper answer with the court raising it, its waived and whoever has sued you will get whatever they are asking for. So just don't think the statute of limitations automatically kicks in to prevent a lawsuit because it doesn't.

Also, any partial payment can revive the statute of limitations if it has already expired. Example, the statute has run and you make a payment after that date. The statute is renewed in such case so payment should only be made in the context of getting a settlement letter and reaching a mutual settlement on the debt. Also, the statute of limitations begins to run from the date of last payment. That means that if the statute has not run yet and you make a partial payment, the statute begins again. Again, be very cautious in making partial payments if this is a concern.

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Answered on 3/07/12, 4:19 pm


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