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Author Topic: Medical Collection Question  (Read 2171 times)
madscientist
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« on: December 16, 2008, 12:52:54 PM »

You guys have helped tremendously with my case (posted here and still pending --> http://floridadebtor.com/debtforum/index.php/topic,406.30.html). I thank you all for that.

Now, I have a question about medical debt.

I have a friend who lives in Dade county. In early 2003, he had to have surgery in a local hospital in Dade. He didn't have medical insurance at the time. The total charge was $15,000. He was contacted for payment a few months after surgery by a local medical collection firm. He didn't have money to pay. He let this go and he has never made a single payment to this debt nor has he ever been contacted by anyone about this debt again after the initial contact in late 2003.

Is there an SOL that applies to medical as well? Can he be sued for this lawsuit even after all these years have gone by?

Thank you in advance.
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madscientist
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« Reply #1 on: December 16, 2008, 12:54:44 PM »

I should mention that he has never been sued for this debt although it does appear on his credit report.
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madscientist
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« Reply #2 on: December 22, 2008, 07:37:54 AM »

Can someone answer this question?

Thanks.
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Fighting the Good Fight in FL
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« Reply #3 on: December 22, 2008, 01:31:31 PM »

http://wiki.answers.com/Q/What_is_the_statute_of_limitations_on_medical_bills_in_Florida
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fraudfighter
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« Reply #4 on: December 23, 2008, 11:06:56 AM »

You guys have helped tremendously with my case (posted here and still pending --> http://floridadebtor.com/debtforum/index.php/topic,406.30.html). I thank you all for that.

Now, I have a question about medical debt.

I have a friend who lives in Dade county. In early 2003, he had to have surgery in a local hospital in Dade. He didn't have medical insurance at the time. The total charge was $15,000. He was contacted for payment a few months after surgery by a local medical collection firm. He didn't have money to pay. He let this go and he has never made a single payment to this debt nor has he ever been contacted by anyone about this debt again after the initial contact in late 2003.

Is there an SOL that applies to medical as well? Can he be sued for this lawsuit even after all these years have gone by?

Thank you in advance.

Unless the FL legislature wrote a special limitations law for medical debt, which I don't think that they did, it falls under the limitations law for contracts, obligations and liabilities, which is 4 years if not founded on evidence sufficient in law to constitute a written instrument, or 5 years if founded on evidence sufficient in law to constitute a written instrument.

The written instrument does not have to be signed by the party to be charged to be a written instrument. It just has to be definite enough so that it clearly shows that an agreement was made and an obligation was created and it must be contemporaneous with the time of the agreement. The evidence of agreement and obligation must come from the writing and not from outside the writing. The writing can be a composite of several interlinked writings.
The writing must either show the amount of the obligation or the specific means of calculation such that an exact amount can be calculated. In other words, not just a formula, but formula and the data to calculate the amount of the obligation.

All of this is a compendium of all the FL written instrument case law that I have read and I think I have read them all, starting with McGill v. Cockrell, 1924.
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madscientist
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« Reply #5 on: December 23, 2008, 02:00:35 PM »

Thank you guys. So the chances that a lawsuit is filed against him now after so long are slim?
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