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aka626
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I received a letter today from a local attorney that stated they were hired by the OC to collect a medical debt from an office I visited in 2008. They sent me all the corresepondinf documentation along with my signature that I was responsible for payment.

 

My question is, my last date of payment is 12/4/08. Florida has a five year SOL. However because they contacted me before the SOL date am I not able to use this as a defense if I were to receive a suit after 12/4/13?

 

thanks

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If you're sure this is legit and you've got the money,you could call the medical place directly and give them the old "...oh, my goodness, I thought insurance took care of this...and after you took such good care of me...can I send you a check right now...and, oh, by the way call off the attorney".

 

On the other hand, the SOL doesn't apply until the attorney actually files a suit. 

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Honestly, I don't recall if I did pay it or not. I don't keep records that far back. The original bill is for $210 but the bill the attorney sent is for around $700 with their fees and interest.

 

Seems in my best interest to see if it plays out till after 12/4/13, if no suit is filed, they are out of luck correct?

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Honestly, I don't recall if I did pay it or not. I don't keep records that far back. The original bill is for $210 but the bill the attorney sent is for around $700 with their fees and interest.

 

Seems in my best interest to see if it plays out till after 12/4/13, if no suit is filed, they are out of luck correct?

 

You are only responsible for the $210 until a court of law says otherwise.  Look very carefully at the financial responsibility statement you signed.  They cannot charge you attorney fees until a court awards them as part of a lawsuit.  The same goes with interest.  

 

It is two weeks until that SOL expires.  I might be inclined to wait it out.

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I received a letter today from a local attorney that stated they were hired by the OC to collect a medical debt from an office I visited in 2008. They sent me all the corresepondinf documentation along with my signature that I was responsible for payment.

 

My question is, my last date of payment is 12/4/08. Florida has a five year SOL. However because they contacted me before the SOL date am I not able to use this as a defense if I were to receive a suit after 12/4/13?

 

thanks

 

Arguably, the statute of limitations relating to a medical expense is 4 years, per 95.11(3)(p).

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Wait.  But note...the attorney might still sue, so you have to watch your local court.  The SOL only means if he does sue, and you get the summons, and you show up and raise the SOL as an affirmative defense, and the judge agrees, they don't get a judgement.  The SOL doesn't make the debt go away.

 

So true.  The SOL expiring doesn't mean they CAN'T sue only that you have an affirmative defense that you MUST RAISE or it is deemed waived by most courts. 

 

Also note, that the date the suit is FILED is the relevant date for the SOL NOT when you are actually served.

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