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  1. #1
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    Sep 2013
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    Default Statute of Limitations on Medical Debt in Colorado

    My question involves collection proceedings in the State of: Colorado

    This is a strange one. My wife and I were in a car accident in 2007, and we both had to be transported to the hospital. She passed away, and I survived (obviously). I took care of the bills I got, and considered everything clean and clear within a few months. Until yesterday. Yesterday I got a call from the hospital about ANOTHER bill that was never sent to me NOR sent to collections - the bill is still with the hospital. My understanding is that the statute of limitations in CO for medical debt is 6 years - which is coming up in less than 3 months. I'm beyond furious that I am only NOW getting a call about this bill. My question is if I blow them off and it goes to collections after Dec 10th 2013, what options does the hospital and/or debt collector have? I have never made any payments on this debt/account, as I didn't know it existed and they apparently didn't feel like calling me about it. I spoke with the hospital about it and they have frozen the bill for 30 days while we figure out what happened. I figure I can probably string them along for another 30 days after that since I'm going to have to comb through a year's worth of bank statements looking for the amounts I did pay them already to ensure I'm not being asked to pay one of my old bills from them a second time.

    Can they ding my credit over this? Still attempt to collect the debt? Harass me? Take me to court? Take out a lein against me if it goes past 6 years?

    Thanks!

  2. #2
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    Mar 2013
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    Default Re: Statute of Limitations on Medical Debt in Colorado

    Quote Quoting XakEp
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    My understanding is that the statute of limitations in CO for medical debt is 6 years - which is coming up in less than 3 months.
    No, that's not correct.

    The statute of limitations applies to the filing of a lawsuit.

    A creditor could conceivably continue dunning you for the debt for the rest of your life but just isn't likely to win a lawsuit after the 6 years are up unless you ignore the lawsuit and the creditor gets a default judgment. That can happen because the statute of limitations has to be raised as an affirmative defense. If it isn't raised, the creditor can theoretically win the lawsuit at any time after the six years are up.

    Quote Quoting XakEp
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    My question is if I blow them off and it goes to collections after Dec 10th 2013, what options does the hospital and/or debt collector have?
    I'm sure they have lots of options. None of them pleasant.

    Quote Quoting XakEp
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    Can they ding my credit over this?
    Yes.

    But it would only remain on your credit report for the balance of 7 years from the date of default which could, theoretically, be 7 years from now. If they never sent you the bill then it was never in default until now.

    Quote Quoting XakEp
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    Still attempt to collect the debt?
    Yes.

    Quote Quoting XakEp
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    Harass me?
    It's called "dunning" and it's perfectly legal.

    Quote Quoting XakEp
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    Take me to court?
    Yes.

    Quote Quoting XakEp
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    Take out a lein against me if it goes past 6 years?
    They would have to win a lawsuit and get a judgment. Then the judgment can be recorded and become a lien for the life of the judgment.

    My advice:

    Check your records quickly. If you owe it, pay it. If you already paid it, provide appropriate documentation within the 30 days that it's on hold.

    Trust me, you'll be a lot less happy later if you try to screw them out of the money.

  3. #3
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    Oct 2013
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    Default Re: Statute of Limitations on Medical Debt in Colorado

    Quote Quoting adjusterjack
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    A creditor could conceivably continue dunning you for the debt for the rest of your life
    Yes, They can ask you to pay it for the rest of your life. They can only file suit for judgment inside the SOL. If judgement is obtained before the SOL runs out then Judgement is good for the life of that judgement(SOL no longer applies).

  4. #4
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    Default Re: Statute of Limitations on Medical Debt in Colorado

    Quote Quoting 1Opinion
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    Yes, They can ask you to pay it for the rest of your life. They can only file suit for judgment inside the SOL. If judgement is obtained before the SOL runs out then Judgement is good for the life of that judgement(SOL no longer applies).

    Actually, they can file suit at any point. .

  5. #5
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    Default Re: Statute of Limitations on Medical Debt in Colorado

    Quote Quoting Dogmatique
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    Actually, they can file suit at any point. .
    True.
    But there would have to be remarkable circumstances(tolling) involved before a judge is going to grant a judgement if the SOL has already expired.

  6. #6
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    Default Re: Statute of Limitations on Medical Debt in Colorado

    Quote Quoting Dogmatique
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    Actually, they can file suit at any point. .
    Right.

    An SOL must be raised as an affirmative defense in response to a lawsuit.

    The court does not apply it.

  7. #7
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    Oct 2013
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    Default Re: Statute of Limitations on Medical Debt in Colorado

    Quote Quoting adjusterjack
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    An SOL must be raised as an affirmative defense in response to a lawsuit.
    I was assuming that OP was going to show up for court if served.

    But you are absolutely correct. It would probably be unnoticed and a judgement granted if debtor was a no-show.

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