can I be sued over medical debt that's over 7 yrs old?

[undrtkr65]

I keep receiving a letter from a attorneys office for some hospital bills that I owe for 2007 and from 2008. none of these are on my credit since they are very old. they continue saying that they can place a lawsuit against me for these. I can pay it off but will have to put it on my credit card. it's over 2300 dollars. I believe the statue of limitations in nc is 2 yrs so if that's the case can they actually sue me or are they just saying this trying to get me to pay.

[pipeguy]

In North Carolina, Section 1-52.1 of the North Carolina Rules of Civil Procedure explains the statute of limitations for debts is 3 years for auto and installment loans, promissory notes, and credit cards.  This means if a creditor is going to sue you, they must do so within three years from the date of your last charge or activity on the card. 

You'll have to research how "Medical Debt"" is handled in NC as far as SOL unless its considered a "promissory note" or sorts. Once debt is "time limited" you can be sued, but a solid defense is that the debt is limited but SOL - but you have to bring this up in court. Almost always the judge will toss the case and castigate the JDB suing you, but there have been exceptions (in GA and VA I believe). Just be careful to keep track of any court action, because many times JDB's will get a default judgement when you don't show up and thats much harder to get rid of - ie proving you were never served. 

http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_1/Article_5.pdf
http://statelaws.findlaw.com/north-carolina-law/north-carolina-civil-statute-of-limitations-laws.htm...
http://www.smithdebnamlaw.com/articles/statute-of-limitations-in-north-carolina/

[Anonymous]

Look up your state atty generals debt collection website.  I thought the letters had to have a statement saying this is a time barred debt.  Also look to see if that collection agency is even licensed to collect debts in your state. You might have a legitimate complaint to file if they are not licensed in your state.

[undrtkr65]

it doesnt say anything about a time barred debt. it just says they can serve me at my home and place a judgement on me and garnish my wages if I don't pay within 10 days or set up payment arrangements. I have received several letters stating the same thing. this debt is mine and I can pay in full with my credit card. what should I do?

[righthererightnow]

I wouldn't believe it. Seems like a last-ditch tactic to get you to make a payment to re-open the account (to get your for more).

[undrtkr65]

thanks I believe I'm going to send them a cease and desist letter and if they still contact me after that I will take them to court for harassment.

[Anonymous]

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@undrtkr65 wrote:
it doesnt say anything about a time barred debt. it just says they can serve me at my home and place a judgement on me and garnish my wages if I don't pay within 10 days or set up payment arrangements. I have received several letters stating the same thing. this debt is mine and I can pay in full with my credit card. what should I do?

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I would recommend you consult a local attorney to ascertain the legal status of these debts before doing anything. It sounds like the attorney/debt collector is just trying to scare you into paying, but you need to know where you stand legally before making any decision on what to do.