Father has medical debt that VA paid a portion of. Still gets claims.

[Augustgrad]

What is the name of your state? OR and or SC

Nearly 20 years ago, my father, a 100% disabled Vietnam vet, had a heart attack while visiting me hear in SC. He permanently resides in Oregon.
He has had medical issues since and the VA has paid in full. This debt (60k iirc) however has always been hanging over his head and my dad has been overly nonchalant about it and laughs about getting notices in Oregon to attach his SC tax return to take care of the debt. My concern however considering his health is them coming after the estate. I've brought this up to him and even though he shares the concern, he seems so happy go lucky he never takes the steps to resolve this or is overly confident that somehow being in a different state magically shields him.

My conclusion has always been that this probably needs to be handled by a VA specific lawyer. Is there any issue with me being the one that initiates legal contact? I don't know if there are any laws or protections against medical debt and of note, the VA did pay a portion of said debt a long time ago according to my dad. They have subsequently paid for further medical expenses from the same SC facility that has reported to collections without issue. I guess I'm looking for where to look for a VA specific lawyer (most websites seem dedicated to helping homeless vets) and the odds on how likely it is for this to be absolved through legal consultation- if at all possible.

Summary- I am trying to avoid debtors coming after my father's estate for medical debt in the event of his passing.

 

[AlmostThere]

The reality is this is your dad's money- and if he does not want to try and resolve the debt, and it comes out of the estate, that this his choice.

 

[zddoodah]

When your father dies, the executor of his estate will (should) give (i.e., publish) notice to creditors, which this South Carolina medical provide will not likely see. After some number of days (probably no more than 120), any creditor who has not filed a claim with the estate will be barred from pursuing the debt. Probably more importantly, in the circumstance you mentioned, since the medical services were provided 20 years ago, the applicable statute of limitations has LONG since expired.

 

[Zigner]

Probably more importantly, in the circumstance you mentioned, since the medical services were provided 20 years ago, the applicable statute of limitations has LONG since expired.

I believe that dad's absence from the state tolled the SOL.

SECTION 15-3-30. Exceptions where defendant is out of State.

If when a cause of action shall accrue against any person he shall be out of the State, such action may be commenced within the terms in this chapter respectively limited after the return of such person into this State. And if, after such cause of action shall have accrued, such person shall depart from and reside out of this State or remain continuously absent therefrom for the space of one year or more, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.

https://www.scstatehouse.gov/code/t15c003.php

EDIT: The SOL appears to be 20 years so, aside from the information above, it's probably still (barely) within the SOL.

 

[Litigator22]

What is the name of your state? OR and or SC

Nearly 20 years ago, my father, a 100% disabled Vietnam vet, had a heart attack while visiting me hear in SC. He permanently resides in Oregon.
He has had medical issues since and the VA has paid in full. This debt (60k iirc) however has always been hanging over his head and my dad has been overly nonchalant about it and laughs about getting notices in Oregon to attach his SC tax return to take care of the debt. My concern however considering his health is them coming after the estate. I've brought this up to him and even though he shares the concern, he seems so happy go lucky he never takes the steps to resolve this or is overly confident that somehow being in a different state magically shields him.

My conclusion has always been that this probably needs to be handled by a VA specific lawyer. Is there any issue with me being the one that initiates legal contact? I don't know if there are any laws or protections against medical debt and of note, the VA did pay a portion of said debt a long time ago according to my dad. They have subsequently paid for further medical expenses from the same SC facility that has reported to collections without issue. I guess I'm looking for where to look for a VA specific lawyer (most websites seem dedicated to helping homeless vets) and the odds on how likely it is for this to be absolved through legal consultation- if at all possible.

Summary- I am trying to avoid debtors coming after my father's estate for medical debt in the event of his passing.

PLEASE TAKE NOTE!
In spite of what you have been led to believe your father's South Carolina medical debt is NOT alive and well. Not in the sense of the ability to seek judicial relief. For that usage it has run its 3-year life expectancy.

Yes, it is true that the South Carolina (as with all the other states) has enacted what is known as a tolling statute, which "ostensibly" suspends the running of a statute of limitations during periods when the affected defendant resides "out of state".

HOWEVER, (I knew it had to be somewhere it just took an inordinate amount time to find it) the South Carolina Court of Appeals has construed the language in that tolling statute "referring to a defendant who is 'out of state' as describing a defendant who is beyond the personal jurisdiction and process of the court and not simply a defendant who is physically absent from State." (Emphasis added) **

In expanded words what that mean is that: (1) because your father engaged the services of medical providers in South Carolina, and

(2) Because his whereabouts in Oregon has never been concealed from the provider, he has thusly been amenable to the provider or its assigns affecting jurisdiction over his person by a competent South Carolina court (as per the State's Long Arm Statute). And as such your father has never been beyond the reaches of a South Carolina court. Accordingly, the (3) year clock never ceased to run.

In contrast what the other contributor has proposed could result in legal claims never expiring with lawsuits instituted years after the fact and over stale and largely forgotten subject matter.

If you have question, feel free to ask.
__________

[*] Caveat! Provided, that should any attempt be made to enforce or assert the claim in a court of law [ civil or probate] it must be met alleging the affirmative defense of having been barred by South Carolina's 3-year statute of limitation. See: South Carolina Code Ann. Section 15-3-530(1).

Note that the defense of the expiration of a statute of limitation must be affirmatively pleaded. It is not something that the court will recognize on its own motion. (With some exceptions)

[**] See: Meyer vs. Paschal, Carolina Court of Appeals 498 S E 2nd South 635 and Hopper vs. Ebenezer Sr. Services ______, and numerous authorities therein cited.

 

[Augustgrad]

PLEASE TAKE NOTE!
In spite of what you have been led to believe your father's South Carolina medical debt is NOT alive and well. Not in the sense of the ability to seek judicial relief. For that usage it has run its 3-year life expectancy.

Yes, it is true that the South Carolina (as with all the other states) has enacted what is known as a tolling statute, which "ostensibly" suspends the running of a statute of limitations during periods when the affected defendant resides "out of state".

HOWEVER, (I knew it had to be somewhere it just took an inordinate amount time to find it) the South Carolina Court of Appeals has construed the language in that tolling statute "referring to a defendant who is 'out of state' as describing a defendant who is beyond the personal jurisdiction and process of the court and not simply a defendant who is physically absent from State." (Emphasis added) **

In expanded words what that mean is that: (1) because your father engaged the services of medical providers in South Carolina, and

(2) Because his whereabouts in Oregon has never been concealed from the provider, he has thusly been amenable to the provider or its assigns affecting jurisdiction over his person by a competent South Carolina (as per the State's Long Arm Statute). And as such your father has never been beyond the reaches of a South Carolina court. Accordingly, the (3) year clock never ceased to run.

In contrast what the other contributor has proposed could result in legal claims never expiring with lawsuits instituted years after the fact and over stale and largely forgotten subject matter.

If you have question, feel free to ask.
__________

[*] Caveat! Provided, that should any attempt be made to enforce or assert the claim in a court of law [ civil or probate] it must be met alleging the affirmative defense of having been barred by South Carolina's 3-year statute of limitation. See: South Carolina Code Ann. Section 15-3-530(1).

Note that the defense of the expiration of a statute of limitation must be affirmatively pleaded. It is not something that the court will recognize on its own motion. (With some exceptions)

[**] See: Meyer vs. Paschal, Carolina Court of Appeals 498 S E 2nd South 635 and Hopper vs. Ebenezer Sr. Services ______, and numerous authorities therein cited.

Thank you for all of replies guys. I of course still managed to leave some potentially relevant info out. I am an only child and my father has already set up a living trust and will so I will be the executor of his estate. Its difficult to convey through text but my dad absolutely does share my concern since he has taken steps that for me to avoid probate because of what he had to go through when my grandfather passed. Its just something I rarely bring up because it seems a bit uncouth to always worry about someone else's money.

Litigator, I guess I need an 'explain it like I'm five' summary. All I can tell are there seem to be a few factors both in and against my favor but it seems like you're saying he is in the clear?

 

[Litigator22]

Thank you for all of replies guys. I of course still managed to leave some potentially relevant info out. I am an only child and my father has already set up a living trust and will so I will be the executor of his estate. Its difficult to convey through text but my dad absolutely does share my concern since he has taken steps that for me to avoid probate because of what he had to go through when my grandfather passed. Its just something I rarely bring up because it seems a bit uncouth to always worry about someone else's money.

Litigator, I guess I need an 'explain it like I'm five' summary. All I can tell are there seem to be a few factors both in and against my favor but it seems like you're saying he is in the clear?

1. It's not me saying that papa is in the clear! The South Carolina Court of Appeals has said that he is in the clear.

But it's essential that you both understand that the debt itself hasn't gone away. Only the time within which the creditor is allowed to seek assistance from a court in collecting on it has expired.

So, if the creditor should sue pop his defense is not that the debt no longer exists. but that the creditor's right to sue on it no longer exists. And again, he would be tasked with the need to formally assert the defense that the claim is barred by the running of the statute of limitations. Which did not toll as the result of his absence from the State as he remained vulnerable to being sued in S. C. under the State's Long Arm Statute.

2. What few negative factors are you referring to?

 

[Augustgrad]

So, if the creditor should sue pop his defense is not that the debt no longer exists. but that the creditor's right to sue on it no longer exists. And again, he would be tasked with the need to formally assert the defense that the claim is barred by the running of the statute of limitations. Which did not toll as the result of his absence from the State as he remained vulnerable to being sued in S. C. under the State's Long Arm Statute.

In the event of my father's passing, could this be my defense? Or is it only valid for my father?

As far as the negative factors, this is likely me just being silly. I've heard of partial payments or doing anything to 'claim' credit card debt can reset the statute of limitations when I browse personal finance forums.

 

[Zigner]

In the event of my father's passing, could this be my defense? Or is it only valid for my father?

"You" would never need a defense. Once your father passes, his debt becomes part of his estate. His estate will retain any defenses that are applicable.