Can a medical provider claim a person’s state tax refund if they have an outstanding medical bill?
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Can a medical provider claim a person’s state tax refund if they have an outstanding medical bill?
I was reading about a law in SC in regards to a medical provider being able to claim or commandeer a persons state tax refund if that persons owes a past medical bill. I was wondering this is correct and if so how do they go about the process of doing that. What are the charges? Does it also apply to dental bills? What are the statute of limitations?
Asked on July 6, 2011 under Bankruptcy Law, Kansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The laws and procedures here are best explained to you in detail by an attorney in your area. It is true that South Carolina has a law in place that allows a debt to be set off by a collection of your State tax return through the South Carolina Department of Revenue. The act was amended in 2009-2010 as to the notice requirement to the debtor. It requires the first mailing by certified mail return receipt requested and then if the mail is returned, allows the creditor to send the notice of intention by regular mail. The notice has to say specific things and I can not see reference to limitations on the creditor - dentist or otherwise. The statute of limitations would be that for debt collection in South Carolina, which I believe is 3 years. Get help. Good luck.
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