Legal Question in Credit and Debt Law in North Carolina

can a company collect on a six year old bill ,this is a doctors office and the statement date 5/4/07. We got this on 3/14/14 and had never got a bill before this.


Asked on 3/19/14, 11:27 am

2 Answers from Attorneys

Kenneth Love Ken Love Law

Really no. In NC, the statute of limitations sue on a debt like this is 3 years. The only things that can extend or reset the statute are:

1.Partial Payment

2. Use of the debt...more likely with a credit card

3. Acknowledgement of the debt.

If any of these things happen, they can collect the debt...otherwise the debt is stale.

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Answered on 3/19/14, 5:03 pm

I agree with Attorney Love. The time to collect on a medical bill either runs from the time of treatment or the date of your last payment. You say the statement date was 2007, but when was the treatment? Were any payments made by you after that date? If what you say is correct, then the statute of limitations ran in 2010 because its 3 years.

Just because the statute of limitations has expired does not mean you don't owe the debt. The statute of limitations is a defense you raise in an answer to a complaint (meaning you would first have to be sued). So it is not against the law for the creditor to try and collect or even try to sue. The statute of limitations is a waivable defense meaning that if you are sued and you do not file an answer, then the defense is waived and the creditor gets a judgment against you. So do not ignore any lawsuits.

Also, as Attorney Love notes, you can do things to revive the debt or extend the statue of limitations. Any part payment will revive the debt as well as a written acknowledgement of the debt.

My suggestion would be to dispute the debt and see what the doctor says. However, it is strange that you are only getting a bill now. What happened? Did you get treatment at this office? Where has this been?

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Answered on 3/19/14, 8:36 pm


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