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SOL on out-of-state medical bills


qbert
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Lets say you have a medical bill (which typically falls under 'written contract') from a state which you are not a resident.

 

For example, you are a California resident and seek treatment in Nevada. You were never a resident of Nevada but you did enter into a written contract there.

 

in Nevada SOL is 6 years for written contract/medical bills

 

in California SOL is 4 years

 

which controls? my gut tells me they cannot sue you in the state of Nevada as you do not reside there. My gut also tells me if they sue you in the state of CA, CA courts will uphold CA SOL as a defense

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Lets say you have a medical bill (which typically falls under 'written contract') from a state which you are not a resident.

 

For example, you are a California resident and seek treatment in Nevada. You were never a resident of Nevada but you did enter into a written contract there.

 

in Nevada SOL is 6 years for written contract/medical bills

 

in California SOL is 4 years

 

which controls? my gut tells me they cannot sue you in the state of Nevada as you do not reside there. My gut also tells me if they sue you in the state of CA, CA courts will uphold CA SOL as a defense

 

In the example you provide they most certainly sue you in Nevada.  The reason is not only the written contract but you received the goods/services there.  Nevada also provides for suing someone who resides out of state.  Having obtained the medical services within that state would subject you to the jurisdiction of the court.

 

There is plenty of case law of medical providers suing someone who did not pay their bill(s) to the provider even though they are no longer within the state.  

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@qbert

 

Nevada has a "long arm statute".

 

NRS 14.065  

2.  Personal service of summons upon a party outside this state is sufficient to confer upon a court of this state jurisdiction over the party so served if the service is made by delivering a copy of the summons, together with a copy of the complaint, to the party served in the manner provided by statute or rule of court for service upon a person of like kind within this state.

 

A state may exercise specific personal jurisdiction only where: (1) the defendant purposefully avails himself of the privilege of serving the market in the forum or of enjoying the protection of the laws of the forum, or where the defendant purposefully establishes contacts with the forum state and affirmatively directs conduct toward the forum state, and (2) the cause of action arises from that purposeful contact with the forum or conduct targeting the forum. Trump v. District Court, 109 Nev. 687, 692, 857 P.2d 740, 744 (1993).

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