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New Member
Posts: 9
Registered: ‎06-30-2010
0

Hospital Debt over 6 years old - small claims summons received!

Hi all!

 

My husband and I just received a summons on a hospital debt that is over 6 years oldThe original date of service was 11/25/2004 and the bill amount is $1374, and it was a hospital located in the state of CTWe 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 debtWhat should we do and how should we answer this summonsIsn't there a SOL on debts such as thisI know the CC SOL in CT is 6 years, so wouldn't this fall under that?

 

Please helpWe have an answer date of 1/20/11.

 

Thanks!!!

Mega Contributor
Posts: 19,449
Registered: ‎03-19-2007
0

Re: Hospital Debt over 6 years old - small claims summons received!

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!

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