Medical Collections past SOL and being sued

[Jacque383]

Hello All, 

I have a dental medical collection that is past the Statute of Limitations and has fallen off my credit report. However, I am now getting calls from some Pre-paid lawyer service that Saba & Associates is "filing a lawsuit against me and do I want to be served at my residence or my attorney's office."

So far, I'm not bothering responding on but I'm curious if they can sue you after the debt falls off?

Thanks

Jacque

[BungalowMo]

I know they can't sue past SOL!  That's for sure.  If they do serve you, from what I've read, you have to show up & use "past SOL" as your defense & bring as much PROOF ...in writing...as you have to back it up.  Old CR's showing DOFD from OC, letters from OC stating...we have not rec'd a pmt since bla bla bla.

Judges LOVE an accurate paper trail.

[LIGHTNIN]

Yes they can TRY to sue you, but like Mo said..... use Past SOL as a defense and have records to prove it.

There is a Passed SOL letter around here somewhere, that tells the CA to stop calling and only to contact you if they are going to serve you.

Do show up in court if you are served, because if you don't they can win by default.

Just make sure your state laws, doesn't have anything special about collecting on medical debt.

Good luck to you.

[Anonymous]

Saba & Associates may be attorney's BUT they are a CA

All medical is different from other collections. They use date of service and not DOFD. Medical collections must drop from CR 7 years from date of service.

Who was reporting before and what was the date of service?

You must read the letter over & over. Do they say we may sue or we ARE filing suit?   If the say that they will sue then they must or it is considered a threat!!!  A threat is against the law.  The wording is importent!!

Collections do not drop from your CR when past SOL. They must be past CRTP!

What SOL are you using?

[Jacque383]

Hi,

Thanks everyone for answering....Here's a little more information.

Saba & Associates was the collection agency for a dental bill.

It dropped off my credit report in October.

I received a phone call from 1-817-926-1573, (Wessler Enterprises) from a Joan. I didn't answer the phone and she left a message: "This is Joan we've been hired by Saba & Associates to file a lawsuit against you on there behalf. Where would you like to be served: your home or an attorney's office. Please call us at the above number...."

This was on friday - I haven't returned the call.  Not sure why they would be filing a lawsuit now....

Thanks.

[Jacque383]

Ooops sorry - I just relistened to the message....The person who called me is Joan from the Collection agencies legal department she says....

[Anonymous]

Because she stated " This is Joan we've been hired by Saba & Associates to file a lawsuit against you "  This is a statment that if they do not go through with means that they have threatend you and it is illegal!!   Make sure that you keep that tape as it can be used in court if needed!

Usually medical SOL may be only 4 years BUT at the same time a judge may read it as a promissory note.

What was the date of service?

[tryin_to_make_it]

HappyDays, What does it mean if the judge reads it as a promissory note?

[Anonymous]

When anything goes to court the judgment will determine what they will rule on. States may have a differant SOL for medical. If it is not stated in the law they may use promissory note for SOL. Only an attorney in that state can really advise you.

An open account is for CCs and things like utilities, Promissory note is for auto,mortgage and any signed promise for payment.

[Jacque383]

Hi Happy Days,

Thanks for the advice/thoughts...

I kept the message - she called on my cell phone so I've saved it...

The Date of Service was October 2003 - Washington State.

It literally just fell off my credit report last month - In fact, I've never received a call from them in all this time until it fell off.

It's also a dental bill - not sure if there is a difference than medical.