Legal Question in Credit and Debt Law in North Carolina

Collection Statutes of Limitations

After a recent review of my credit report I noticed a new collections account. It shows assigned in 2000 and last activity in 2002. It is for an alleged hospital bill ($50.00) because it shows a hospital name along with the collection agency. After calling to inquire about the collection, I was told it was for services rendered in 1991 at the hospital. I stated that the SOL for South Carolina was 3 years, 4 years in North Carolina, and wanted this collection closed and removed from my credit report. They refused. I asked how they received the debt and they basically stated that the hospital turned it over to them for collections in 2000, and they placed it on my report in 2002. I need to know what the law says about waiting 9 years to turn something over to collections and did they illegally re-age this account for collection purposes. It has never been on my report before, why now after 11 years. Now I'm going to have a collection account show for the next 7 years on my report. No one has ever contacted me about this. Ever. What should I or can I do?


Asked on 6/19/03, 4:17 pm

1 Answer from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: Collection Statutes of Limitations

This situation, as you describe it, is totaly new to me. It sounds both outrageous and an action taken in bad faith. However, you should go to a lawyer about this. Be prepared to seek a lawyer who enjoys the unusual. This matter will take some research and imagination on the part of the lawyer you chose. Don't be satisfied with a single negative opinion as to the viability of this cause of action. We lawyers like to have cases which fit into established boxes. Where are you located?

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Answered on 6/20/03, 7:20 am


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