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Valued Member
Posts: 34
Registered: ‎08-23-2010
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Medical Debt - Statute of Limitations question

[ Edited ]

I'm on the way to FICO recovery. Got my first "big girl" card in the mail the other day. A Chase Rewards card with a credit limit of $3000. Go me! TU is 696 and my EQ is 717.

 

I have an old medical debt that is scheduled to drop off this September. While I know it will come off my credit reports, I'm not sure about how long I can get sued. From everything I've read, the statutue of limitations for a written contract is 15 years IN OHIO. So..... while it will disappear off of my report, it will still be legally collectable for another 8 years right?

 

This old medical debt (~$4000) has been bought by several different CA over the years. Can they sue me or only the orginal owner of the debt? That's where I get confused.

 

I was recently contacted by the current CA that owns it. They offered  a settlement of about half. I don't have the money now but could probably scrape it up by the fall (when it comes off my reports). If I settle for less than full AND it's fallen off my report, will my payment reage the debt? I can't seem to figure that out either. 

 

Any help is apprecaited. 

 

(edited to state that SOL in Ohio is 15 years)

Moderator
Posts: 15,075
Registered: ‎07-14-2009
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Re: Medical Debt - Statute of Limitations question


jeniscredit wrote:

I'm on the way to FICO recovery. Got my first "big girl" card in the mail the other day. A Chase Rewards card with a credit limit of $3000. Go me! TU is 696 and my EQ is 717.

 

I have an old medical debt that is scheduled to drop off this September. While I know it will come off my credit reports, I'm not sure about how long I can get sued. From everything I've read, the statutue of limitations for a written contract is 15 years. So..... while it will disappear off of my report, it will still be legally collectable for another 8 years right?

 

This old medical debt (~$4000) has been bought by several different CA over the years. Can they sue me or only the orginal owner of the debt? That's where I get confused.

 

I was recently contacted by the current CA that owns it. They offered  a settlement of about half. I don't have the money now but could probably scrape it up by the fall (when it comes off my reports). If I settle for less than full AND it's fallen off my report, will my payment reage the debt? I can't seem to figure that out either. 

 

Any help is apprecaited. 


The SOL for each state is different.  Do an internet search for SOL for your particular state. In Texas for example the SOL is 4 years across the board.

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Valued Member
Posts: 34
Registered: ‎08-23-2010
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Re: Medical Debt - Statute of Limitations question

Marinevietvet - I already stated that the SOL on written (medical) debt here in Ohio is 15 years. Maybe you missed that. :smileyhappy:

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Posts: 15,075
Registered: ‎07-14-2009
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Re: Medical Debt - Statute of Limitations question


jeniscredit wrote:

Marinevietvet - I already stated that the SOL on written (medical) debt here in Ohio is 15 years. Maybe you missed that. :smileyhappy:


No where in the original post do you say where you live. Unless I missed it?

 

Ah hah. I see you just now included that.  :smileyhappy:

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Valued Member
Posts: 34
Registered: ‎08-23-2010
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Re: Medical Debt - Statute of Limitations question

Bump! 

 

Does anyone know the answer to my questions?

 

Thanks.

Moderator
Posts: 15,075
Registered: ‎07-14-2009
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Re: Medical Debt - Statute of Limitations question


jeniscredit wrote:

I'm on the way to FICO recovery. Got my first "big girl" card in the mail the other day. A Chase Rewards card with a credit limit of $3000. Go me! TU is 696 and my EQ is 717.

 

I have an old medical debt that is scheduled to drop off this September. While I know it will come off my credit reports, I'm not sure about how long I can get sued. From everything I've read, the statutue of limitations for a written contract is 15 years IN OHIO. So..... while it will disappear off of my report, it will still be legally collectable for another 8 years right? That's correct. Debt reporting is not the same as debt collecting. Even after the collection can no longer be reported collection efforts can continue and so in theory you could still be sued for 8 years after the collection is not showing on you reports.

 

This old medical debt (~$4000) has been bought by several different CA over the years. Can they sue me or only the orginal owner of the debt? That's where I get confused. As far as I know (could be wrong) only the present owner can file a lawsuit.

 

I was recently contacted by the current CA that owns it. They offered  a settlement of about half. I don't have the money now but could probably scrape it up by the fall (when it comes off my reports). If I settle for less than full AND it's fallen off my report, will my payment reage the debt? I can't seem to figure that out either. Once it it gone from your reports it can't be added back. The CRTP (Credit Reporting Time Period) cannot be changed by anyone. So paying them as little as possible will stop collection activity including possible lawsuits. Just make sure you get it in writing that whatever amount they agree to accept that the debt is considered paid in full. That way they can't sell any balance left over to another CA at some point in the future.

 

Any help is apprecaited. 

 

(edited to state that SOL in Ohio is 15 years)


 

New Member
Posts: 4
Registered: ‎03-22-2012
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Re: Medical Debt - Statute of Limitations question

I don't know if it's because I'm in Oregon and maybe the rules are different here, but I was making $50 a month payments (2 payments of $25) on my medial bills and that didn't stop them from sending it to collections.  I worked for the hospital that owned most of that debt and I had them do payroll deduction to make sure my payments were taken out regularly and on time.  Part of that debt was sent to collections without them telling me, even though I was actually in the office, setting up my payroll deductions as they were processing my account for collections.  So, then I needed to pay 2 entities every month, but didn't realize that.  The CA took me to court for a judgment, which of course, they won.  (At least they took off 300 because it was past the SOL. 

 

I thought if you were paying on a debt, they couldn't send you to collections.  Boy was I wrong!  I felt like "The Victim" for a long time after that, but have decided that does no one any good, so am now learning to be "The Healer" when it comes to my credit report.  But, I think everyone needs to be aware that they can send you to collections, even if you are doing all you can to pay. 


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Established Member
Posts: 31
Registered: ‎11-10-2011
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Re: Medical Debt - Statute of Limitations question

[ Edited ]

I do have a question related to this . . . we lived in FL and have several collections from FL. The SOL in FL is 5 years, that means the debt we have there is now past that time. :smileyvery-happy:

 

However we live in Ohio now . . . which SOL applies? FL or Ohio?

 

Also to the original poster - I found info that the SOL in Ohio was 6 years. Never did I see 15!

Moderator
Posts: 15,075
Registered: ‎07-14-2009
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Re: Medical Debt - Statute of Limitations question


romyjoey3 wrote:

I do have a question related to this . . . we lived in FL and have several collections from FL. The SOL in FL is 5 years, that means the debt we have there is now past that time. :smileyvery-happy:

 

However we live in Ohio now . . . which SOL applies? FL or Ohio? It's generally where you are living now.

 

Also to the original poster - I found info that the SOL in Ohio was 6 years. Never did I see 15! It depends on what type of debt it is:

 

Oral Contract: 6 years

Written Contract: 15 years Which is what medical debt would be.

Promissory Note: 15 years

Open-Ended Accounts: 6 years


 

Frequent Contributor
Posts: 342
Registered: ‎02-10-2012
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Re: Medical Debt - Statute of Limitations question


DirectSupportProfessional wrote:

I don't know if it's because I'm in Oregon and maybe the rules are different here, but I was making $50 a month payments (2 payments of $25) on my medial bills and that didn't stop them from sending it to collections.  I worked for the hospital that owned most of that debt and I had them do payroll deduction to make sure my payments were taken out regularly and on time.  Part of that debt was sent to collections without them telling me, even though I was actually in the office, setting up my payroll deductions as they were processing my account for collections.  So, then I needed to pay 2 entities every month, but didn't realize that.  The CA took me to court for a judgment, which of course, they won.  (At least they took off 300 because it was past the SOL. 

 

I thought if you were paying on a debt, they couldn't send you to collections.  Boy was I wrong!  I felt like "The Victim" for a long time after that, but have decided that does no one any good, so am now learning to be "The Healer" when it comes to my credit report.  But, I think everyone needs to be aware that they can send you to collections, even if you are doing all you can to pay. 


Are you for real? They sent it to collections even though you and the hospital had agreed upon a payment plan? I thought they couldn't do that either. I'm not exactly sure what I thought I read or heard years ago, but I sure did think that. Wow.


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