Legal Question in Credit and Debt Law in Virginia

Statute of Limitations on Medical Bill

I was admitted to the emergency room of a large hospital on 2/18/97 with the understanding that the service was free due to indigent care provisions. It is now 3/1/06 and I have received a garnishment for this bill. This is the first I've heard of the charges. The garnishment will not work as I only work for this employer on a part time basis and am not on payroll. I tried to settle, but they said that I have to wait until the court date. My question is, hasn't the statute of limitations already run out on this bill? If I wait until the court date (5/19/06) when they realize that the garnishment has not been successful, can I then use the statue of limitations expiration as my defense? They will not allow me to settle this until the court date anyway, so maybe I should fight it instead.


Asked on 3/01/06, 1:13 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Statute of Limitations on Medical Bill

If they are already garnishing, they already have a judgment against you. The statute of limitations on enforcing a judgment in VA is 10 or 20 years from entry of the judgment, and a judgment can be renewed for another 20. Since they already have a judgment, you cannot assert limitations in defense of the underlying claim unless you can first get the judgment vacated for lack of jurisdiction or failure to serve you.

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Answered on 3/01/06, 1:53 pm


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