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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112717
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Today Oct 2,2015 a San Joaquin Revenue and Recovery agent

Customer Question

Today Oct 2,2015 a San Joaquin Revenue and Recovery agent called me trying to collect on a medical debt from 2006/2007, last payment was withdrawn from my taxes in April 2012(is that even legal?), thought SOL was 4yrs? I disputed all claims but gave lst known address. Agent made notes on file stating that I disputed all claims to debt. What are my options? Will they try and sue? What will I need to do?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The debt they are collecting on, did the creditor get a court judgment against you?

Customer: replied 1 year ago.
I am unsure at this point, everything is so far back.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

First of all this Revenue and Recovery only collects on debts owed to the county. So unless it was a debt owed to the county, they would not be collecting. Also, under CA law, unless they obtained a judgment against you (which is good for 10 years from the date of the judgment and may be renewed) by filing suit against you, the right to collect on an open account is only 4 years and they could not sue you to recover beyond that 4 year period.

If this is a private medical debt and not from some county agency, it may be that this person trying to collect may be impersonating the Revenue and Recovery and you need to call the Revenue and Recovery office to find out more about this alleged debt before you can know how to better proceed, their information is at http://www.co.san-joaquin.ca.us/RevRec/dynamic.aspx?id=9311

Customer: replied 1 year ago.
The agent said it was a bill from San Joaquin General Hospital, so I am correct to assume that it's would default to San Joaquin Revenue and Recovery as it is now a county matter?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Yes, if it was from the county hospital, it would be a county debt. However, they have 4 years to sue for the debt like any other creditor and if they are still collecting on this debt beyond 4 years, they must have received some judgment from a lawsuit and you need to get those details to know how to best proceed.

Customer: replied 1 year ago.
Ok, also if everything happened in 2006/2007 and in 2012 they took money from me then why are they still trying to collect? Can they garnish my paycheck?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

The only reason they would be still trying to collect is if the money they took in 2012 was not enough to cover the debt. They could garnish wages for that debt in CA.