Statute of Limitations for Medical Debt
There’s no question that we have a broken healthcare system in the United States. South Carolina has not expanded Medicaid, and thousands of innocent victims of serious accidents and unexpected illnesses are struggling with medical debt. But there is hope for relief.
With help from the compassionate Columbia medical debt discharge lawyers at the Reed Law Firm, P.A., we can get ‘zombie medical debt’ eliminated. Discuss old medical debts and even new and unmanageable medical bills with our experienced South Carolina debt relief attorneys today by calling (803) 726-4888 or connecting with us online for a free consultation.
Time Limits for South Carolina Medical Debt Collection Lawsuits
Medical debt is technically contractual. You agree to pay for a medical service in writing or through implied consent during emergencies. As such, the provider has three years from the date the debt came due or the date of the last payment to sue you under South Carolina’s statute of limitations for contracts –S.C. Code § 15-3-530. If the treating provider (or debt collection agency) does not file a lawsuit within three years, the debt becomes time-barred. This is often called a ‘zombie debt.’
Options for Discharging Zombie Medical Debts and Unmanageable Healthcare Expenses in Columbia
Although medical companies cannot sue you for zombie debts, they do not disappear when the statute of limitations expires. Collections agencies can still send you letters and make calls in compliance with the Fair Debt Collection Practices Act (FDCPA), and the debt stays on your credit report. To get old –and even new– medical bills discharged in South Carolina, consider the following three options:
Settling Zombie Debts with Legal Help
Because medical companies have no legal recourse to obtain zombie debt payments, sending them a cease-and-desist letter along with a settlement offer might legally eliminate the medical debt. Settling stops collections and removes the debt from your credit report –often for pennies on the dollar.
Suing Under the FDCPA
If the statute of limitations has expired, collection agencies more often breach the FDCPA. Medical debt collectors can no longer threaten legal action or imply they have the right to take legal action on zombie debts. These violations might entitle you to damages or help you negotiate a complete discharge.
Filing for Bankruptcy
Medical debts are forgivable during both Chapter 7 and Chapter 13 bankruptcy proceedings. During Chapter 7 liquidation, the following non-priority medical debts are completely dischargeable even if the statute of limitations has not expired:
- Hospital stays
- ER bills
- Medications
- Surgical costs
- Doctors’ bills
- Home nursing costs
- Ambulance bill
- Rehabilitation fees
Chapter 13 petitioners must generally pay a portion of their medical debts based on their income and expenses, but any balance remaining after the payment plan ends is dischargeable. If you’re suffering from a serious and disabling medical condition, an experienced South Carolina bankruptcy lawyer might also help you obtain an early hardship discharge.
Trusted Medical Debt Relief Attorneys in Columbia, S.C.
Sudden injuries and illnesses change lives. At the Reed Law Firm, P.A., our experienced medical debt relief lawyers understand that not all debts are voluntary. You can get unpaid zombie medical bills eliminated or start fresh through bankruptcy discharge with help from our experienced Columbia debt relief team today. Call (803) 726-4888 or connect with us online to schedule a free case review.
