Legal Question in Credit and Debt Law in Alabama

I will try to make this short as possible. But I had a colonoscopy done in 2007. I had insurance at the time, but they told me they could not cover it because it was "pre existing condition". Please keep in mind that I have never had this procedure done before and I have never had any sort of medical history that even relates to this. And I even provided information to my insurance company stating that I have never had this procedure done before and that I've never had any sort of similar issues that even relates to the surgery! from every hospital I've ever been to! This went on for like a year or so and come to find out 2 or 3 years later the insurance company keyed me in as having carpel tunnel syndrome, But I have never even had that problem before either, EVER! so during this time I have had a collection agency on my back collecting interest. I have come to find out that the insurance company has paid a little bit to the collection agency, but not the full amount they owe. Also keep in mind that I have not paid one cent to this collection agency, nor did I ever agree to do so! Orally or written!

So its 2010 and I have not put forth any effort to resolving this matter and Now I'm being sued by the hospital and I am being summoned to court, but my real question is...Do I fall under Alabama's Statue of Limitations? I never paid to the collection or the creditor (hospital). And I never made any sort of agreement stating that I was ever going to. And the only form I signed was the one given to me at the hospital dating 2007 which stated “if my insurance company failed to pay then I would be responsible for paying the full amount and if was turned over to a collection agency I would have to pay them and however much interest they charge.”

I would also like to mention that I am self employed, I work off of 100% commission, I still live at home, and have nothing in my name, not even a car, nothing. Except my cell phone, which is my way of living, without that I would not be able to pay anyone anything.

Asked on 3/31/10, 9:48 pm

1 Answer from Attorneys

Robert Kreitlein Robert Kreitlein, Attorney at Law

Well, to answer your question about the statute of limitations, no, it's not past the statute of limitations. How long they would have depends on the type of claim but actions based on contract have a limitation of 6 years.

Have you responded to the plaintiff's complaint and summons? If it was filed in circuit court, you'll have 30 days to respond to it but only 14 days if it was filed in district court or small claims court. The summons should tell you how much time you have. I would talk to an attorney in your area. It sounds like the insurance company screwed up and there is a way to "join" the insurance company to this suit. But you need to speak to an attorney because the statute of limitations on that might be different, though it would depend on when you had notice of the possible claim.

If they get a default judgment against you, it will be too late so you should really make sure you don't let the time run out on you. Good luck!

This answer is based on the limited information given and is for general information purposes only. “Legal advice” is informed advice based on specific facts and knowledge of the complete situation. Therefore, this does not constitute “legal advice”, no attorney-client relationship is created and it should not be regarded as a substitute for direct consultation with an attorney based on the specific details of your situation.

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Answered on 4/06/10, 7:37 am

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