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Statute of Limitations for Medical Debt Collection

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  • 06-14-2011, 08:40 AM
    kevin24018
    Statute of Limitations for Medical Debt Collection
    My question involves collection proceedings in the State of: New York

    I received a dept collection letter for my kids medical bills from 2005, it is now 2011, I had insurance at the time, but haven't worked for that company in 6+ years. I have no idea what this is for or why it wasn't paid etc :wallbang: does this apply?
    N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time:

    214. Actions to be commenced within three years: for non- payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical or dental malpractice; to annul a marriage on the ground of fraud.
  • 06-14-2011, 09:00 AM
    free9man
    Re: Statute of Limitations for Medical Debt Collection
    The general SOL is going to be 6 years, so depending on when in 2005 the bills were incurred you might be okay. The trick is when the SOL clock started. I'm not sure what NY's laws are on that.

    Please keep in mind that SOL is a defense when you get sued. You can send the collection agency a drop dead letter but that won't stop them from suing you. You would then have to raise the SOL defense prior to/at trial. Do you have the old insurance paperwork? Did you never get an EOB for the services rendered?
  • 06-14-2011, 12:50 PM
    kevin24018
    Re: Statute of Limitations for Medical Debt Collection
    Quote:

    Quoting free9man
    View Post
    The general SOL is going to be 6 years, so depending on when in 2005 the bills were incurred you might be okay. The trick is when the SOL clock started. I'm not sure what NY's laws are on that.

    Please keep in mind that SOL is a defense when you get sued. You can send the collection agency a drop dead letter but that won't stop them from suing you. You would then have to raise the SOL defense prior to/at trial. Do you have the old insurance paperwork? Did you never get an EOB for the services rendered?

    I do not have the paperwork, I have moved out of state since then, gotten divorced etc etc. The problem is my employer at the time was taking out the insurance premiums but not paying it, they then contacted all the area physician offices and worked out some deal with them because they should have used our monies for the insurance premiums. And since then my former employer has filed bankruptcy. The lady at the collection agency was very nice and not pushy at all, which makes me think they have a good idea something just isn't right with this whole thing.
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