Legal Question in Credit and Debt Law in Pennsylvania

In 1994 I signed a hospital bill for my son who was 17, to receive treatment in ICU, I had no health insurance, his father who I was separated from at the time did but was not there. I am being sued by the hospital in ohio (its now 2013). I have to appear in court july 12th for medical bill! What are my defense's, if any?


Asked on 7/02/13, 4:21 pm

1 Answer from Attorneys

When was the last payment of any kind made on the bill? If the debt was incurred in PA then the healthcare provider or any junk debt buyer who acquired the debt had 4 years from the date of the last payment to sue you. Have 4 or more years elapsed? If you made a payment sometime in the 4 years preceding the filing of the complaint, this would revive the statute.

If you have a court date it would probably mean that you have been sued in small claims court. Is this correct? Have you filed an answer? When were you served? You have 20 days to file an answer.

If you have a valid statute of limitations defense, then I suggest you seek out local counsel. If you cannot afford counsel, then you need to file an answer raising the statute of limitations. Without looking at the complaint or knowing all the facts, its hard to tell if there are other defenses or objections. Was your son sued? He might be liable for this too. He is not a minor any longer and is no longer under a disability so I would assume he can be sued.

How much is the debt? It may be possible to settle for something less than 100% if you can afford to pay in a lump sum.

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Answered on 7/02/13, 5:53 pm


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