Albuquerque, NM asked in Collections for New Mexico

Q: Can a medical company send me a bill through collection agency more than 4 years (and 3months) passed the service date?

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1 Lawyer Answer

Arun Arjan Melwani

PREMIUM
Answered
  • Albuquerque, NM
  • Licensed in New Mexico

A: Yes. The medical company could be using a collection company to go after you or they collection company may have purchased the debt from the original creditor. Either way, they are entitled to pursue you for the debt owed. The statute of limitations in New Mexico for collection of the debt is 4 years on an open account and 6 years on a contracted debt. A medical service and the bill related to it is usually a contracted service and thus the statute of limitations is 6 years. However, a creditor/collection company can come after you and/or sue you to recover the fee for the services owed even if it is beyond the statute of limitations. It is up to the individual being sued to raise the "Statute of Limitations" as a defense in their answer to the complaint. The failure of the individual to raise that defense may constitute a waiver of the defense if not raised. If you have other debt and or you are being sued by this creditor, you should contact an attorney for further legal advice.

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