Legal Question in Credit and Debt Law in Wisconsin

Being sued for medical debt 6.5 years ago

I was just issued a summons for a lawsuit regarding a medical debt supposedly incurred in 4/99- six and a half years ago! I was contacted by a collector about this 6 months ago or so and when I asked for documentation regarding this debt, I never heard from them again. Until today that is. What steps do I take to enforce the statute of limitation on this debt? (I believe it is 6 years)I have less than 2 weeks until the court date and do not wish to go to court as it will be very difficult for me to get off of work on that day. If I hire an attorney, how much can I expect to pay? The debt is for $2500.00 and I simply dont have the money. Thanks!


Asked on 10/01/05, 10:29 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: Being sued for medical debt 6.5 years ago

The statute of limitations is an affirmative defense which can be waived if it is not properly raised in a timely fashion. This means that creditors can still sue after the statute of limitations has run. You should therefore speak with an attorney who has expertise in debtor-creditor law as soon as possible. You should also be aware of the new bankruptcy reform law which goes into effect on Oct. 17, 2005. If you financial problems justify consideration of bankruptcy, it will probably be in your best interest to make your decision as soon as possible. A bankruptcy filing should resolve such a debt whether or not the statute of limitations has run.

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Answered on 10/03/05, 10:05 am


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