01-04-2011 02:19 PM
My husband and I just received a summons on a hospital debt that is over 6 years old. The original date of service was 11/25/2004 and the bill amount is $1374, and it was a hospital located in the state of CT. We have never in over 6 years received a bill regarding this alleged debt nor were we ever contacted by the representing attorney in order to validate the debt. What should we do and how should we answer this summons? Isn't there a SOL on debts such as this? I know the CC SOL in CT is 6 years, so wouldn't this fall under that?
Please help! We have an answer date of 1/20/11.
01-04-2011 06:05 PM
State SOL laws usually dont prevent the bringing of legal action for collection of the debt. SOL is a legal defense that you must go to court and prove. If you can prove it, then it is absolute defense, the court wont even move on to hearings the merits of the case. If you dont show up in court the creditor will proably get a default judgment.
So it is very important that you show up in court.
Prepare for court by clearly knowing your state civil code for debt collection, SOL, and the proofs you will need. That usually amounts to simply showing the relevant date for commencement of your SOL (usually the same as your DOFD on the OC account), and knwoing the state period of SOL. But some states provide for a reset of your SOL for certain things, such as prior payments on the debt.
Go to court, and prove SOL expiration!