Carmichael, CA asked in Collections and Consumer Law for California

Q: i have a hospital bill from 09 that hasn't been paid on or brought up since may 13, Is there a statue of limitations?

I am being sent letters threatening to garnish my wages, can this happen with the bill being so old? Should I call and set up a payment plan? Or is there a expiration date on being able to collect on this bill?

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1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Jess Ranch, CA
  • Licensed in California

A: If you have not paid on that bill for more than four years, you should not respond at all. Count back to the last time you made a payment on that account. If it is more than four years from today's date, then the statute of limitations to collect on a debt based on a contract has expired and it can no longer be collected. Many debt collectors try to trick debtors into re-opening an old account by asking you to make a payment or enter into a payment plan. Don't fall into that trap. If it has not been quite four years yet, don't respond in any way until that 4 year period has lapsed. If the creditor does not sue you within the four years to collect that debt, then their right to collect it is gone. Sometimes creditors will sell old accounts to debt collectors who will then try to resurrect the debt so they can collect on it. Don't fall for that.

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