Legal Question in Credit and Debt Law in Wisconsin
Medical Debt Collections
I have a judgement against me for medical debt that is in collection and about to go to court. The debt dates back to 1998 to 2002. I was wondering about statues of limitations or if the doctor's ''write off'' the charges after a period of time. I wanted to know if I had any rights in this case.
1 Answer from Attorneys
Re: Medical Debt Collections
The statute of limitations in WI for collection of a judgment is ten years from the date granted, although the judgment can be renewed for another ten years. The statute of limitations on an account receivable is generally six years from the date of the last payment, but that would not apply if they actually have a judgment against you already. Even if either statute of limitations has expired, the creditor can still sue on the debt, since the person they are suing might waive objection to the fact that it has expired. In that event, the debt would continue to be fully collectable. The "write off" of a debt by a creditor does not affect its collectability. It only means that the creditor has claimed it as a tax deduction, and that anything collected would have to be declared as income by him. Written off debts are also often sold to third party collectors who are free to pursue them. My advice to you would be to seek out legal counsel immediately, particularly a lawyer who has experience in the area of consumer bankruptcy, so that you can become more fully aware of your legal rights.