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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I received a summons for judgment on a medical debt incurred

Resolved Question:

I received a summons for judgment on a medical debt incurred on July18, 2007. My court date is August 7, 2013. Is the court date passed the statue of limitations? Can this be dismissed?
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Arguably yes, although it becomes subjective.

Normally, the statute of limitations for such matters falls under a breach of contract (i.e. they promised to provide service in exchange for your promise to pay).

For simple breach of contract, the statute of limitations is three years per §13-80-101.

However, for a breach of contract based on a debt account (rent, credit card, etc), it is six years per §13-80-103.5.

What they did is file a suit a day before 6 years was up. No doubt the Plaintiff may attempt to argue that this was a debt account. Someone in your situation may wish to argue that this was a PLAN debt, and as such, is limited to 3 years - not 6 - and as such, is too late.

If so, then someone in your situation may wish to:

1) File an answer (let me know if you need a sample); and
2) File a Motion to Dismiss based on the statute of limitations being expired.

Hopefully, the Court will agree, and if so, the matter will be dropped.

An attorney is highly recommended, but not mandatory.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 11 months ago.

Hi Ely,


 


Thank you for your help. Yes I would like to have a sample of "file an answer" also "file to dismiss" if possible.


 


Patti

Expert:  Ely replied 11 months ago.
P,

No problem.

Answer
[caption] - TITLE AND PARTIES (just copy of their filing)

DEFENDANT'S ANSWER (centered)

NOW COMES Defendant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Answer, and shows the Court:

GENERAL DENIAL
Defendant denies allegations in paragraph 1 of Plaintiff’s pleading.

Defendant denies allegations in paragraph 2 of Plaintiff’s pleading.

Defendant denies allegations in paragraph 3 of Plaintiff’s pleading.

Defendant denies allegations in paragraph 4 of Plaintiff’s pleading.

(etc)

Defendant denies each and every allegation of Plaintiff's Complaint, and demands strict proof thereof as required by rules of evidence and procedure for the State of Colorado.

PRAYER
Defendant prays the Court, after notice and hearing or trial, enters judgment in favor of Defendant, awards Defendant the costs of court, attorney's fees, and such other and further relief as Defendant may be entitled to in law or in equity.

Respectfully submitted,
Your Signature
Your name


(NEW PAGE)

CERTIFICATE OF SERVICE (centered)

I certify that on (date filed) a true and correct copy of Defendant's Answer was served to the opposing party.

Your Signature
Your name


Motion for Summary Judgment
I am sorry, I meant Motion for Summary Judgment, not Motion to Dismiss. And unfortunately, I do not have a sample for this.... you can possibly find one online by searching, or on sites like here.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86376
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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