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Is the Statute of Limitations Different for a Publicly Owned Hospital

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  • 02-27-2018, 05:43 AM
    InquisitveMind18
    Is the Statute of Limitations Different for a Publicly Owned Hospital
    My question involves collection proceedings in the State of: Mississippi

    Generally, open contracts/accounts have a statute of limitations in Mississippi for 3 years. Supposedly, I have a bill from a hospital that is a "publicly-owned healthcare organization." Would the SOL apply for this debt from 2013? Thanks in advance for your assistance.
  • 02-27-2018, 08:17 AM
    Taxing Matters
    Re: Is the Statute of Limitations Different for a Publicly Owned Hospital
    Quote:

    Quoting InquisitveMind18
    View Post
    My question involves collection proceedings in the State of: Mississippi

    Generally, open contracts/accounts have a statute of limitations in Mississippi for 3 years. Supposedly, I have a bill from a hospital that is a "publicly-owned healthcare organization." Would the SOL apply for this debt from 2013? Thanks in advance for your assistance.

    Exactly who owns this hospital? Is it a federal hospital (e.g. VA facility, etc), state hospital, city/county hospital, something else (e.g. regional government authority)?

    In general, the state and political subdivisions of the state are not subject to statute of limitations for the suits they bring. Mississippi Code section 15-1-51.
  • 02-27-2018, 08:41 AM
    Mr. Knowitall
    Re: Is the Statute of Limitations Different for a Publicly Owned Hospital
    Mississippi does exempt municipalities from its statutes of limitation, so it is possible that a municipally-owned hospital would be able to collect a debt even after collection would be time-barred for a privately owned hospital. Without more detail, we can't be more specific.
    Quote:

    Quoting Mississippi Code, Sec. 15-1-51. Limitations of suits by and against the state, counties and municipal corporations
    Statutes of limitation in civil cases shall not run against the state, or any subdivision or municipal corporation thereof, except that any judgment or decree rendered in favor of the state, or any subdivision or municipal corporation thereof, shall not be a lien on the property of the defendant therein for a longer period than seven (7) years from the date of filing notice of the lien, unless an action is brought before the expiration of such time or unless the state or such subdivision or municipal corporation refiles notice of the lien. There shall be no limit upon the number of times that the state, or any subdivision or municipal corporation thereof, may refile such notices of lien.

    The statutes of limitation shall run in favor of the state, the counties, and municipal corporations beginning at the time when the plaintiff first had the right to demand payment of the officer or board authorized to allow or disallow the claim sued upon. The provisions of this section shall apply to all pending and subsequently filed notices of liens.

    Quote:

    Quoting Mississippi Constitution, TItle 4, Sec. 104
    Statutes of limitation in civil causes shall not run against the state, or any subdivision or municipal corporation thereof.

  • 02-27-2018, 09:06 AM
    adjusterjack
    Re: Is the Statute of Limitations Different for a Publicly Owned Hospital
    Quote:

    Quoting InquisitveMind18
    View Post
    My question involves collection proceedings in the State of: Mississippi

    Generally, open contracts/accounts have a statute of limitations in Mississippi for 3 years. Supposedly, I have a bill from a hospital that is a "publicly-owned healthcare organization." Would the SOL apply for this debt from 2013? Thanks in advance for your assistance.

    Assuming that it's not a government owned facility then, yes, the three year SOL would apply.
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