Legal Question in Credit and Debt Law in New York

my hospital bill was sent to collections and I can't afford to pay it. It 7 years old.

Asked on 1/31/13, 11:52 am

1 Answer from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

If it is truly 7 years old and there are no intervening circumstances there is a distinct possibility that the statute of limitations has expired on the debt and you do not have to repay it. You must be careful NOT to take any actions that can be construed as an admission that the debt is due and you should not agree to pay ANY of the debt back. If you are in receipt of a demand for payment WRITE back that you are unaware of the debt and ask for documentation that demonstrates how the debt arose. If and when they get back to you with documentation that is MORE than 6 years old, then I would say that the creditor has no legal right to collect the bill. You could then write to whoever is coming after you and say that the Statute of Limitations has expired and they have no right to try to collect this debt and if they continue they will be held responsible for damages under the Fair Debt Collection Practices Act.

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Answered on 1/31/13, 12:03 pm

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