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Wondering about SOL for medical bills, and settling debts...

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Anonymous
Not applicable

Wondering about SOL for medical bills, and settling debts...

I have a collection on record for a trip to the emergency room in 2004. I have already verified the debt, and am about to try and settle it. I have done a lot of research and have already drafted letter #1. I am looking for some guidance as to if I should include anything about SOL in the letter. I haven't been able to find out the SOL for medical bills in Alabama, not for lack of trying! Any help would be greatly appreciated.
Message 1 of 9
8 REPLIES 8
Tuscani
Moderator Emeritus

Re: Wondering about SOL for medical bills, and settling debts...

Message 2 of 9
Anonymous
Not applicable

Re: Wondering about SOL for medical bills, and settling debts...

Does anyone have any case law, federal or in Alabama, to refer to that defines open and written contracts? I've read that this can vary from state to state and different kinds of debts are sometimes classified differently.
Message 3 of 9
Anonymous
Not applicable

Re: Wondering about SOL for medical bills, and settling debts...



Brittanimv wrote:
Does anyone have any case law, federal or in Alabama, to refer to that defines open and written contracts? I've read that this can vary from state to state and different kinds of debts are sometimes classified differently.



SOL is state law
 
 
Im guessing that hospital bill would be contract because you had to sign
Message 4 of 9
Anonymous
Not applicable

Re: Wondering about SOL for medical bills, and settling debts...

Happydays--I appreciate your help, but to clarify, I am looking for instances of case law. I'm aware that the statute of limitations are written into state code. Unfortunately, the state code does not define written contracts or open accounts. Based on the link you forwarded, you can see that the statue of limitations in Alabama is double for written contracts. All the more reason it's vital to determine which types of contracts are classified as written or open.
 
I've looked through the Attorney General's published opinions without much success. Does anyone know of any specific case law or any published opinions regarding the Alabama statute of limitations definition of open accounts or written contracts?
Message 5 of 9
NoMelonsNoLemon
Established Member

Re: Wondering about SOL for medical bills, and settling debts...

odd ball question, what happens if you move and you are in a different state, would it still apply because of the time of the 'contract' or would it be regulated under the laws of the state you 'now' live in, be it a different state?
Message 6 of 9
Anonymous
Not applicable

Re: Wondering about SOL for medical bills, and settling debts...

NoMelonsNoLemons--I think that's a really great question. From what I've read, litigation  can be pursued in the judicial district in which the consumer lives OR where the original contract creating the debt was signed. I suspect a collection agency would pick the jurisdiction most beneficial to them either by longer statutes of limitations or if the state in which the contract was signed is further in proximity to the consumer's current residence. If you live in Alaska now but signed the contract in Florida, I bet the collection agency would assume it would be difficult to travel to Florida to defend yourself. I think your question raises a very important point that you must review the statutes of limitations in both states before ultimately making a decision about a course of action. 
 
Another little tip as the result of my search into the legal world: institutions subject to the Fair Debt Collection Practices Act (FDCPA) are subject to federal examination to ensure they remain compliant with federal laws. There are guides, known as handbooks, provided to these collection agencies to serve as a way to train it's mangement and compliance officers. As consumers, we have access to these handbooks. I've found them very helpful. They're easy to read, short and spell out the standards in which the collection agencies are supposed to adhere. Here's a link to the FDCPA handbook http://www.federalreserve.gov/boarddocs/supmanual/cch/200601/fairdebt.pdf.
 
To my surprise, I also learned that creditors collecting their own debts are not subject to the FDCPA (see 15 U.S.C § 169a(6) ). I did find that there are other regulations that apply to creditors.
Message 7 of 9
NoMelonsNoLemon
Established Member

Re: Wondering about SOL for medical bills, and settling debts...

That was great thanks for the link, I made a post Questions for the Magistrates ...
 
I was wondering if you might take a look at the post or even reply to it here, Where can I find explicit law on removing debt from my CR IF I pay my debt. I really do think most of the peon Debt Collectors really believe it is against the law as propaganda is fed to them.
Message 8 of 9
weezie
Valued Member

Re: Wondering about SOL for medical bills, and settling debts...

Brittanimv, you may have moved on to other things, but here's one citation that might help:

Wal-Mart Stores, Inc. v. Anniston Development Co., No. 1012070 (Ala. December 13, 2002)

http://www.wallacejordan.com/decisions/Opinions2002/1012070.htm

That case cites several others for supporting authority including Union Naval Stores Co. v. Patterson, 179 Ala. 525, 60 So. 807 (1912) which apparently describes what isn't considered an open account under Alabama law:

"A contract which is definite in all of its terms, when nothing, under the terms of the contract, is left for future adjustment, whether it be evidenced by a writing or not cannot be considered a mere open account."

Union Naval Stores at 529, 808.

And what is:

"An open and unliquidated account is one where a provision of the contract is left open for further negotiations."

Id.

Since the opinion is from 1912, my guess is that this is probably a case that's frequently cited in Alambama for the basic proposition, but I can't do further free legal research. (Lexis and Westlaw have the on-line legal research market pretty locked up and Findlaw.com wasn't all that helpful on this one.)

Maybe someone with access to Westlaw or Lexis can Shepardize that case for you. Or you could try your local library. It's doubtful that they'd have "reporters" -- the books that publish legal opinions -- but they sometimes have Westlaw or Lexis accounts that patrons can access. Using the citation combined with a keyword like "credit card" or "lease" or whatever is the subject of your contract is likely to turn up lots of decisions that are exactly on point. Reading them will show you how to apply the rule of Union Naval Stores to various fact patterns.
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