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Introduction
When a medical emergency strikes, the last thing on anyone’s mind is the cost of healthcare. Unfortunately, medical expenses can be staggering, and when medical bills go unpaid, medical debt collection by creditors can be unbearable. One method of protecting consumers from abusive debt collectors is the imposition of statutes of limitations on medical debt collection. These laws limit the amount of time creditors have to collect debts, and provide legal protection for consumers faced with medical debt collection actions.
Statute of Limitations by State
Each state in the United States has its own statute of limitations for medical debt collection. These statutes are put in place to protect consumers from being harassed by debt collectors for debts that are beyond a certain amount of time. The statute of limitations typically begins on the date of the last payment made on the account, or the date of “default,” which is the point at which the debtor has failed to make a payment.
State statutes of limitations vary in length, with some states having longer limits, and others having shorter limits. Depending on the state, the limit can range from three years to as much as 10 years. Below is a list of some of the statutes of limitations for medical debt collection by state:
– Alabama – six years
– Alaska – five years
– Arizona – six years
– Arkansas – three years
– California – four years
– Colorado – six years
– Connecticut – six years
– Delaware – three years
– Florida – five years
– Georgia – six years
– Hawaii – six years
– Idaho – five years
– Illinois – 10 years
– Indiana – 10 years
– Iowa – five years
– Kansas – five years
– Kentucky – five years
– Louisiana – 10 years
– Maine – six years
– Maryland – three years
– Massachusetts – six years
– Michigan – six years
– Minnesota – six years
– Mississippi – three years
– Missouri – five years
– Montana – eight years
– Nebraska – five years
– Nevada – six years
– New Hampshire – three years
– New Jersey – six years
– New Mexico – four years
– New York – six years
– North Carolina – three years
– North Dakota – six years
– Ohio – six years
– Oklahoma – five years
– Oregon – six years
– Pennsylvania – four years
– Rhode Island – 10 years
– South Carolina – three years
– South Dakota – six years
– Tennessee – six years
– Texas – four years
– Utah – six years
– Vermont – three years
– Virginia – five years
– Washington – six years
– West Virginia – 10 years
– Wisconsin – six years
– Wyoming – 10 years
FAQs
Q: What is a statute of limitations on medical debt collection?
A: It is a law that limits the time period during which a creditor can realistically attempt to collect a debt from a patient. After this time, medical debt is no longer owed and the debt collector can no longer pursue it.
Q: What is the statute of limitations for medical debt collection by state?
A: Each state in the United States has its own statute of limitations for medical debt collection. The duration of these statutes varies widely, and can range from as little as three years to as much as 10 years.
Q: What happens if a debt collector tries to collect a medical debt after the statute of limitations?
A: If the debt collector tries to collect a medical debt after the statute of limitations has expired, it is considered a violation of the Fair Debt Collection Practices Act (FDCPA). The debtor can dispute the collection attempt and refuse to pay the debt.
Q: What is the Fair Debt Collection Practices Act (FDCPA)?
A: The FDCPA is a federal law that regulates the behavior of debt collectors and provides protection for consumers against abusive and unfair collection practices.
Q: Can the statute of limitations be reset for medical debt?
A: Yes, the statute of limitations can be reset if the patient makes a payment on the medical debt or agrees in writing to make a payment. This action will reset the clock on the statute of limitations in most states.
Q: What should I do if a debt collector tries to collect a medical debt that is beyond the statute of limitations?
A: If a debt collector tries to collect a medical debt beyond the statute of limitations, you should dispute the debt in writing and inform the collector that the debt is time-barred. If the debt collector continues to harass you, you can file a complaint with the Consumer Financial Protection Bureau and/or a state attorney general’s office.
Conclusion
Statutes of limitations on medical debt collection are an essential part of consumer protection laws. They provide legal protection for patients against abusive debt collection practices by unscrupulous debt collectors. These statutes also help ensure that medical debt is only collected within a reasonable period of time following the initial billing. To prevent harassment from debt collectors, consumers should familiarize themselves with the statutes of limitations on medical debt collection that apply in their state and assert their rights under the Fair Debt Collection Practices Act (FDCPA).
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Article Summary:
Statutes of limitations on medical debt collection exist in each of the United States and are designed to limit the amount of time within which creditors can collect medical debts. These laws help protect consumers from harassment by debt collectors for debts that are beyond a set amount of time. The duration of these statutes varies widely, ranging from three years to up to 10 years. When a debt collector tries to collect a medical debt after the statute of limitations has expired, it is considered a violation of the Fair Debt Collection Practices Act (FDCPA). Consumers should familiarize themselves with the statutes of limitations that apply in their state and assert their rights under the FDCPA.