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SOL on Hospital Bills


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In May, 2006, my fiance was injured while out of state (we live in NY), and he was hospitalized for a few days in PA. We filled out all the paperwork to receive state medical assistance to pay the bill, with the help of the hospital staff. We never heard anything further and assumed that no news is good news. My fiance was not working at the time and had no reason to be turned down for the assistance.

We are now receiving calls and letters from a collection agency that he owes over $20,000 in medical bills. He is still unemployed and we have no way of paying it. We have avoided their calls, as I am afraid to talk to them and "reset" the clock for collections.

How should we proceed? When would the statute of limitations run that prevents them from suing? Would the PA statute or NY statute apply?

Also, will this negatively effect my credit score when we are married?

Thank you for your help!

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NY or PA?

The answer is : BOTH.

Any litigation, you would seek the shorter SOL.

The bill collector will seek the longer SOL.

If I could borrow from the immortal Denny Crane.

This is America, "act like you won."

Tell this debt collector, "I hope you are not violating the FDCPA by collecting this debt out of statue." (This tells debt collector you know the law, and are certain its expired.)

I pulled this on a debt collector last week. It was DE law. 3 years. (No question about it.) Its defintiely expired. I didn't tell him anything about SOL other than statement above. Collector put me on hold. Aftr 4 minute pause to consult with attorneys (collection law firm), he said it was my home state SOL, 6 years. Bingo. FDCPA violation. Drawing up lawsuit as we speak.

Take the "Denny Crane approach" on this.

Let them tell you what they think it is, to get their legal position. Write it down.

Then see an attorney. If they lied about it, you can sue them!

Tee it up for your claims against them.

Edited by trueq
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