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My husband received a judgement regarding an outstanding bill from a doctors office dating back to 2001. I have contacted the office to try to resolve this matter and they were no help because they did not want to go back 6 yrs into their records and I contacted the lawyer listed on the judgement and he was no help either. He said I had two options only, one being that I pay the outstanding bill to him or have the judgement go through and pay even more because I will have to pay all the fees involved with the Marshall collecting the money. I had health insurance at that time and provided the office with all the necessary information and was not aware that my husband had an outstanding bill with this office. We visited the office in 2002 and 2003 and was never told we had an outstanding bill. They claim they sent us bills for two years with no answer from us. We were in their office and no one ever told us we owed any money. What are my options at this point?
State/Country of Question: New York Already Tried: I contacted the doctor's office to try to resolve this matter and they were no help. My husband was a patient in their office in 2001, 2002 and 2003. I also contacted the attorney in the judgement notice and he was no help either. He said I had only two options which were not acceptable to me.
What state is this in? when did he last make a payment or incur a charge? 2001?
2001.
I am licensed in NY. The statute of limitations prevents the creditor here from collecting assuming the longest contract based statute of 6 years.
They claim this bill is from 2001 and they sent us letters and tried communicating with us but we moved from the address they had on file in 2004. We never received any letters or bills from them in 2001, 2002 or 2003. Please keep in mind my husband and I were in their office receiving care again in 2002 and 2003 and were never told we had an outstanding bill. The issue of telling us we had an outstanding bill was clearly available to them in 2002 and 2003 when we were in their office. You are telling me that the creditor cannot collect anymore due to the fact that it was back in 2001 and we are now in 2009.
That is correct. The statute of limitations is 6 years and since this dates back to 2001, no claim can be made at this time.
So do you recommend I seek an attorney to help me fight this judgement. They have my bank account on hold with funds they want and say that if I do not pay they will have a Marshall get the money from my account. What do you advise us to do at this point? Fight the case with our own lawyer?
Use a consumer protection lawyer or on your own reject the balance on that basis. If there is a judgment, it needs to be vacated on motion. That will be granted if you had no prior notice.
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