Legal Question in Credit and Debt Law in West Virginia

Limitations

In 1984 my wife made an account at a pharmacy - she has since died - no payment has been made since 1988 -the pharmacy is now suing me for the original amount plus 10% post judgement interest - originial amount was $164 now they want $1,200 - Am I responceable and is there a statute of limitations for collection?


Asked on 11/20/01, 6:40 pm

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Limitations

Although you might have been liable for necessary medical services, including prescriptions, furnished your wife, there certainly is a Statute of Limitations problem in the pharmacy attempting to collect the account at this time. Under any contract cause of action, whether real or implied, the limit is five years in California. This, of course, is all conditioned on there not being a waiver of the Statute, as part of the terms of your pharmacy accountl, executed by you or your late wife.

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Answered on 11/20/01, 10:40 pm


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