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  1. #1
    Join Date
    Mar 2006
    Location
    New York City
    Posts
    2

    Default Claim of debt owed to hospital

    I just received a notice from a collection agency claiming I owe an outstanding bill to a local hospital. The notication they sent gives no information about the debt or even when the debt was incurred. The last time I was at this hospital was in 1992. Since that date, I have received no notifications from the hospital advising of any amount due.

    What are my options, and can they request payment now for somenthing that could only have been incurred 13 years ago?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Collection based on old debt

    We seem to be getting a run of these.... You may wish to look at the sample letter from this thread.

  3. #3
    Join Date
    Mar 2006
    Location
    New York City
    Posts
    2

    Default

    Thank you for your reply. I have searched the internet attempting to find out the SOL for this type of debt in NY. At one site it said 6 yrs another said 10. Either way, this is over 13 yrs old. Can you confirm to me the SOL for NY?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default New York Statute of Limitations

    Although it is possible that additional facts might implicate a different limitations period, you appear to be looking at the six year residual statute:
    Quote Quoting New York Statutes, Civil Practice Law and Rules, Section 213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.
    The following actions must be commenced within six years:

    1. an action for which no limitation is specifically prescribed by law;

    2. an action upon a contractual obligation or liability, express or implied, except as provided in section two hundred thirteen-a of this article or article 2 of the uniform commercial code or article 36-B of the general business law;

    3. an action upon a sealed instrument;

    4. an action upon a bond or note, the payment of which is secured by a mortgage upon real property, or upon a bond or note and mortgage so secured, or upon a mortgage of real property, or any interest therein; 5. an action by the state based upon the spoliation or other misappropriation of public property; the time within which the action must be commenced shall be computed from discovery by the state of the facts relied upon;

    6. an action based upon mistake;

    7. an action by or on behalf of a corporation against a present or former director, officer or stockholder for an accounting, or to procure a judgment on the ground of fraud, or to enforce a liability, penalty or forfeiture, or to recover damages for waste or for an injury to property or for an accounting in conjunction therewith.

    8. an action based upon fraud; the time within which the action must be commenced shall be computed from the time the plaintiff or the person under whom he claims discovered the fraud, or could with reasonable diligence have discovered it.

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