Legal Question in Credit and Debt Law in Nebraska

My husband has medical bills. He has been paying on them ever month since 2010. The hospital came across a bill of mine that was in 2005. We knew nothing about this bill. My husbands name is on the money orded on all of the monthly payment of his. We have all the stubs and what they paid. Last year (Sept-2012) the hospital took my husbands paymnet and applied to the 8 year old bill and did not even tell us. The hospital made my husbands medical bill delinquent. Last month we get the collection ageny sending us letters. Does the hospital have the right to make my husbands bills delinquent? Do I need to hire a lawyer? That is wrong to make it hurt a person that has been paying on it monthly. To pad their books.

Asked on 4/22/13, 8:07 am

1 Answer from Attorneys

Matt Jenkins DeMars, Gordon, Olson, Zalewski and Wynner
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This is an interesting question. Contractual debts have a statute of limitations of 5 years from the date of the last payment on the debt. If they hadn't received any payment on that date in 8 years, I do not think it is appropriate for them to put your money towards it. You should definitely contact an attorney to look further into it, and perhaps obtain a declaratory judgment from the court stating that the 2005 bill was invalid and that, when your payments are properly applied, you are current. I recommend Tregg Lunn at 402-730-7021.

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Answered on 4/22/13, 8:20 am

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