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  1. #1
    Join Date
    Jun 2008
    Posts
    13

    Default Being Sued After Judgement Has Been Vacated

    In 1998 I underwent surgery at a hospital. I was young, had no insurance and my salary was under $400 a week. When I went to the hospital to try to work out a payment plan, the hospital refused any payment less than half my salary each month which would mean that I would have to live on the street (I live in a very expensive city) in order to make payments...Needless to say that it did not make any sense since if I had to live on the street I would not be able to hold a job and therefore pay the medical bill...
    The bill was sent to collection and apparently the collection agency obtained a judgement against me in 2001 which I had no knowledge of because they never served me. I recently found out about the judgement because when I went to make a transaction at my bank, my account was frozen. I immediately filed an order to show cause because I was never served. The lawyers never showed up and the judge signed the motion to vacate. 2 days later I was sent a summons to appear in court in 3 weeks. It seems that I am being sued again (I am not sure since what I received is a Notice of Status from the court- not sure what that means but assume that it is a lawsuit).
    My question is, can I use the statute of limitations as my defense?
    The debt is at least 10 years old.
    I know that this not mean that the debt will go away, but I am hoping that they will at least settle to a reasonable amount. As of now they don't even want to talk about a settlement even though the judgement was vacated.

    Also, I am pretty sure that at the time I qualified as an indigent patient and probably entitled to a discount however I don't think that the hospital took that into account. The bill is almost $13,000 and unless I win the lotto I doubt I will ever have that kind of money....

    Please let me know if you think I have a good defense by using the SOL.
    Thanks.

  2. #2

    Default Re: Being Sued After Judgement Has Been Vacated

    Yes, you can use the SOL as a defense. Check the limits in your state for medical bills.

  3. #3
    Join Date
    Jun 2008
    Posts
    13

    Default Re: Being Sued After Judgement Has Been Vacated

    Thanks lwpat!

    The statute limitation is 6 years in my state.
    I am also in the process of getting a lawyer so I am sure that he will be able to get all the documents necessary to prove the SOL.

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