Old Medical Bills, SOL

[kjbailey90]

Hello, I am a resident of Ohio and am in need of some SOL advise on an old hospital bill. The accident occurred in 1994 and was in court (for claim against other party) for 3 years. This bill has recently come to light due to financial problems at the medical facility and must have just found the bill they never sent to me. This bill was never submitted to the court for fufillment by the judgment in my fovor in 1997. Is the SOL reached according to Ohio law or is there any other advise you could give in regards to collection mitigation?

Thanks in advance,
Kirk

 

[kjbailey90]

Posting reply to see if I can get a response on my original thread. I could really use some help on this.

 

[porcelina68]

Hello, I am a resident of Ohio and am in need of some SOL advise on an old hospital bill. The accident occurred in 1994 and was in court (for claim against other party) for 3 years. This bill has recently come to light due to financial problems at the medical facility and must have just found the bill they never sent to me. This bill was never submitted to the court for fufillment by the judgment in my fovor in 1997. Is the SOL reached according to Ohio law or is there any other advise you could give in regards to collection mitigation?

Thanks in advance,
Kirk

The SOL on medical bills in Ohio is 6 years (they are considered open accounts). Once that has passed, they can no longer sue you for non-payment.

 

[kjbailey90]

If the statute of limitations is reached, how could it be legal for the debt to appear on my credit record? The debt just appeared the other day and I am concerned about this as I am presently getting ready to apply for a construction loan to build my house. The court judgement in 97 was to have all the medical bills covered as the accident was deemed the other party's fault. Yes I did recieve the medical treatment, however, does this judgement absolve me of the responsibility of the bill? after all this is why we are required to carry insurrance.

 

[boswd]

If the statute of limitations is reached, how could it be legal for the debt to appear on my credit record? The debt just appeared the other day and I am concerned about this as I am presently getting ready to apply for a construction loan to build my house. The court judgement in 97 was to have all the medical bills covered as the accident was deemed the other party's fault. Yes I did recieve the medical treatment, however, does this judgement absolve me of the responsibility of the bill? after all this is why we are required to carry insurrance.

As long as you have all your paperwork and everything, dispute the debt with the Credit Bureous, this can take up to 30 days so I would wait to apply for that loan and call and send a cease and desist letter to the one making the claim of the debt on your credit report , send them copies of the court where you are absolved and the state the SOL as well.

 

[TigerD]

The SOL on medical bills in Ohio is 6 years (they are considered open accounts). Once that has passed, they can no longer sue you for non-payment.

What's your proof of this? A written contract in Ohio is 15 years.
Written contract: 15 years, (O.R.C. §2305.06).

DC

 

[kjbailey90]

understanding ther anger towards DC's

Boswd and Debtcollector,

"As long as you have all your paperwork and everything, dispute the debt with the Credit Bureous, this can take up to 30 days so I would wait to apply for that loan and call and send a cease and desist letter to the one making the claim of the debt on your credit report , send them copies of the court where you are absolved and the state the SOL as well."

a dispute was filed, a C&D letter was sent, etc. (I was tired of all the calls, including the ones at midnight). The calls have stopped, however, I am concerned with further action. If further action is taken by the collector, it is not going to be pretty.


Reading all the posts where debt collectors and deadbeat debtors, makes me understand both sides to the coin. I have spent years building my credit score for a collector to abuse the system and try to ruin it in atemptes to scare me into paying a debt that is not rightfully my responsibility.

Debt collectors complain of deadbeats using the loopholes in the system to get out of paying their debts, yet collectors use the alter loopholes to get pepole to pay others debts. Isn't tthis a conundrum? Maybe both sides are equally a piece of ?@#$*. Maybe the quote " this world needs an enema" has some weight to it!!

I have 3 credit cards on which I carry a zero balance at all times, no car payment, no morgtage (yet), no loans, etc. just everyday bills needed to live. I supose I am the exception when it come to debts. I should not have to put my life on hold because some hospital, debt collector, or deadbeat wants to play games. maybe I will just have to play along and take them to court and live happily ever after.

 

[ecmst12]

Even if the SOL is expired, they can still sue you, expired SOL is a DEFENSE to a lawsuit only.

But even if the debt is still valid it should not still appear on your credit report after the 7 years + 6 months. But it seems that you are disputing this already.

You're going to have to look at the paperwork pertaining to your judgement from the accident though. Does it absolve the other party of future claims or is there a provision for sending in additional bills? Most likely whatever money you received (though I'm sure it's long gone by now) was intended to cover situations like this. If the bill isn't too much, it may be best to just pay it, or negotiate with the hospital to reduce it, since you don't deny you received the care. That's IF it will be considered a written contract and the SOL is not expired. If a medical bill is actually considered an open account and the SOL is expired, then tell them to bug off and then if they sue you, you can file your affirmative defense.

 

[kjbailey90]

Even if the SOL is expired, they can still sue you, expired SOL is a DEFENSE to a lawsuit only.

But even if the debt is still valid it should not still appear on your credit report after the 7 years + 6 months. But it seems that you are disputing this already.

You're going to have to look at the paperwork pertaining to your judgement from the accident though. Does it absolve the other party of future claims or is there a provision for sending in additional bills?

The court papers do not absolve the insurrance company of further bills, nor does it state provisions for sending further bills. At this point I do not feel the insurrance company, or myself should be responsible for the irresponsibility of a medical provider for not submitting the bills in the first place.

Most likely whatever money you received (though I'm sure it's long gone by now) was intended to cover situations like this.

The lawsuit was for medical bills only, I recieved no further $. I am not one who expects a free ride and never asked for further compensation. The bills were directly paid by the insurrance company.

If the bill isn't too much, it may be best to just pay it, or negotiate with the hospital to reduce it, since you don't deny you received the care. That's IF it will be considered a written contract and the SOL is not expired. If a medical bill is actually considered an open account and the SOL is expired, then tell them to bug off and then if they sue you, you can file your affirmative defense.

This sounds like a DC's standard copout statement. If it is 1 cent it is too much. I should not be responsible for the debt and will not pay it, period! Why would I even wait till it gets to the point of a law suit. I trust the courts about as much as I trust debt collectors. Not at all! they are all criminals in my book.

Maybe I will just beat them to the punch and file a suit against them for harassment. Probably don't have a legal leg to stand on, however, if I am going to have to miss work, and put up with all the other BS involved with a law suit, maybe I should be the one on the end of prosecution.

 

[Kanman]

This sounds like a DC's standard copout statement. If it is 1 cent it is too much. I should not be responsible for the debt and will not pay it, period! Why would I even wait till it gets to the point of a law suit. I trust the courts about as much as I trust debt collectors. Not at all! they are all criminals in my book.

Maybe I will just beat them to the punch and file a suit against them for harassment. Probably don't have a legal leg to stand on, however, if I am going to have to miss work, and put up with all the other BS involved with a law suit, maybe I should be the one on the end of prosecution.

Actually you might. Most likely your old debt which is past SOL has been purchased by a bottom feeding debt collector scum who is now trying to (break the law) rehash the debt. If they are reporting it to the credit agency, then you probably do have grounds for a suit. Sue them in small claims court (cheaper than getting a lawyer) if you like. Look up the FDCPA laws...there is plenty there.

In any event, you are doing the right thing by challenging the Credit Agencies. They have 30 days to look into the matter then remove it if they can not prove the debt is valid. As far as the debt collecting scum goes, send them a validation/cease & desist letter stating the FDCPA laws. If they try something in court...SOL is your defense. If they are taking it to court, that means they are probably doing something deceptive, changing dates, etc...so watch the paperwork carefully.

Good luck.

 

[kjbailey90]

I have been reviewing similar threads to mine. I now see why this site is "Freeadvice". Everything on here is so opinion based instead of factual based. Most on here that are suposedly experts, give contradicting statements. Almost as if they have an alter agenda (to support their side).

My original thread was to get some idea how to interpret the Ohio laws to determine what the SOL would be for medical bills. It seems we have gotten off the path. I have been given and seen many intrepretations of the law (including multiple by the same person).

I will try again to be a little more clear on my original question:

1. What is the SOL for medical bills in Ohio?
2. What is the categorization of medical bills in Ohio? (i.e. open account, written contract, etc)

Either way I am sure I am screwed, because it involves our corrupt system!!

 

[Kanman]

I have been reviewing similar threads to mine. I now see why this site is "Freeadvice". Everything on here is so opinion based instead of factual based. Most on here that are suposedly experts, give contradicting statements. Almost as if they have an alter agenda (to support their side).

Yes, I agree. I think there is a big bias on this forum by senior people. Glad I am not the only one to see this. With that said, it would appear that you are looking for consise answers, and more to the point, legal advice. Even if someone posted as JudgeOldbear...or LawyerMercedes I would still view his/her opinions with suspect. You need real legal advice, face to face, and forums are not the places to get it.

My original thread was to get some idea how to interpret the Ohio laws to determine what the SOL would be for medical bills. It seems we have gotten off the path. I have been given and seen many intrepretations of the law (including multiple by the same person).

I will try again to be a little more clear on my original question:

1. What is the SOL for medical bills in Ohio?
2. What is the categorization of medical bills in Ohio? (i.e. open account, written contract, etc)

From what I have been able to find, there is no clear cut answer. There are many cases in OH and other states trying to determine if a medical bill is an open account or not. You need the answer for #2 to answer #1 and thus far, I that is not a clear line from what I can tell.

Also, to make matters worst, many states have special provisions for medical bill collections, so you will need a lawyer to answer that question for your state.

Either way I am sure I am screwed, because it involves our corrupt system!!

Yes, partially true, which is why you should explore every option possible with a lawyer. It appears, certain options are prohibited on this forum...again, recalling your bias remark.