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6 y.o. medical bill, should I pay?

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smerl

Junior Member
What is the name of your state (only U.S. law)? Ohio (debt incurred) Illinois (current resident)

I recently discovered a 6-year-old debt from a hospital visit that occurred just before I moved out of state, when I was between insurance policies (a 12 hour gap). The Ohio statute of limitations is either 6 years or 15 years, depending on the type of debt. I am posting in order to figure out:

1. What is the statute of limitation on this nature of debt?
2. Will this be eliminated from my credit record at 7 years if left unpaid?
3. Can I be sued for this debt/are they legally allowed to continue pursuing me to collect on the debt?
4. Does my out-of-state move affect the statute of limitations, i.e. does Ohio law apply of Illinois law?

Thank you for taking the time to read my query! The bill is large enough that paying it off would be a burden at my current income level. Please let me know if further information is needed!
 


single317dad

Senior Member
What is the name of your state (only U.S. law)? Ohio (debt incurred) Illinois (current resident)

I recently discovered a 6-year-old debt from a hospital visit that occurred just before I moved out of state, when I was between insurance policies (a 12 hour gap). The Ohio statute of limitations is either 6 years or 15 years, depending on the type of debt. I am posting in order to figure out:

1. What is the statute of limitation on this nature of debt?
2. Will this be eliminated from my credit record at 7 years if left unpaid?
3. Can I be sued for this debt/are they legally allowed to continue pursuing me to collect on the debt?
4. Does my out-of-state move affect the statute of limitations, i.e. does Ohio law apply of Illinois law?

Thank you for taking the time to read my query! The bill is large enough that paying it off would be a burden at my current income level. Please let me know if further information is needed!
SoL (8 years, assuming you signed a payment agreement, which is likely in a hospital) probably won't matter, as I imagine Ohio tolls their statute like most other states when you leave the state. That can make the SoL effectively infinite. The law does NOT change from OH to IL because you moved, though the creditor may be able to sue you in Illinois instead, and they would then accept jurisdiction of IL courts. They'd have a hard time collecting anything if they sued you in OH and tried to collect from an IL resident. Reporting should cease at 7 years unless there is a judgment in the meantime. Collection actions don't ever have to stop, with the exception of court actions after the actual expiration of SoL.
 
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ajkroy

Member
Medical insurance policies aren't usually effective at certain times of day -- if they are in force for a day, it is usually for the entirety of that day (though I will admit that there could be state law that supercedes this). Are you sure you weren't covered at the time of the visit?
 

Reto

Junior Member
What is the name of your state (only U.S. law)? Ohio (debt incurred) Illinois (current resident)

I recently discovered a 6-year-old debt from a hospital visit that occurred just before I moved out of state, when I was between insurance policies (a 12 hour gap). The Ohio statute of limitations is either 6 years or 15 years, depending on the type of debt. I am posting in order to figure out:

1. What is the statute of limitation on this nature of debt?
2. Will this be eliminated from my credit record at 7 years if left unpaid?
3. Can I be sued for this debt/are they legally allowed to continue pursuing me to collect on the debt?
4. Does my out-of-state move affect the statute of limitations, i.e. does Ohio law apply of Illinois law?

Thank you for taking the time to read my query! The bill is large enough that paying it off would be a burden at my current income level. Please let me know if further information is needed!
You need to look up your state for SOL. But legally nobody can report a debt more than 7 years from the date of last activity. Last activity means you either made a payment or they have you agreeing to make a payment. They record you on the phone, do not agree you owe a debt or agree to a payment plan unless you want that 7 years to start all over. Whether they can sue you depends on your states SOL for suing a person for medical debt. In mine they can sue for pretty much anything for 15 years. I don't know, you will have to look that up. This far in the game I think it is unlikely they will sue you. Why? Well 3 times now in my 32 years of life I have been in a situation where I can't pay my debts, so I do know in a way how credit collectors think and work. It is highly likely if they were to sue you, it would have been done by now. They won't sue you if you don't have anything. You can be sued in any state, they would have to obtain a lawyer who has the right to work in the state you live in. Capital One sued me, they used a lawyer in my home state, not theirs. If your financial situation has changed they might sue you. Like if you were poor and now you have a good job making a lot of money, they can find that out, you may suddenly be a candidate for a lawsuit.

I think paying it off is a bad idea. Let sleeping dogs lie. If they aren't going to sue you, it makes no difference now. If you want to purchase something on credit, then maybe you might want to clean it up. If you plan on making a home purchase or something like that, you will need it off of there. Otherwise...I wouldn't pay it. But then, you are taking advice from a person with habitual debt. It's a catch 22. But I know that, unless you plan on major purchases, if it's old, if they aren't trying to sue you...leave it. If they send you a summons....or they start sending you letters FROM a lawyer who is in YOUR state or legally able to practice in YOUR state and they are a collections firm....then you can start negotiating a payoff price. They might sue. And it is cheaper to pay before a lawsuit, than after. Unless, of course, you plan on taking bankruptcy.
 

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