If I inherit money in the next year, can the debt collectors legally go after that inheritance for medical bills that are 5 years old?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I inherit money in the next year, can the debt collectors legally go after that inheritance for medical bills that are 5 years old?
Approximately 5 years ago, I had a medical problem with no health insurance. I wound up with a $100,000 medical bill after a couple days in the hospital and no way to pay it. From what I understand the statute of limitations in my state is 4 years. If I inherit money in the next year, can the debt collectors legally go after that inheritance? Can they take my inheritance legally?
Asked on January 31, 2015 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You are correct in that the statute of limitations (SOL) for breach of a written contract/agreement or a book account is four years. That is four years from the date of the breach, which is not the same thing as the date of you medical problem--i.e. it would be four years from when you were supposed to pay, but failed to do so. Depending on exactly when that was, there may still be time--probably not much, but some--for them to file a suit. However, once four years pass from when you breached the agreement to pay, the SOL should bar a suit.
Not that if you were already sued and they have a judgment against you, they can collect on it for at least 10 years--that is, the minimum SOL on a judgment is 10 years from when the plaintiff (party suing) gets the judgment, and there are ways to extend that period.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.