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Question

When does the clock start for statute of limitations for medical bills in Missouri? And can the medical provider sue me? I now live in Missouri but the treatment was done in WI.

Submitted: 15 days and 4 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: Missouri

Posted by T-USA 15 days and 3 hours ago.

Answer

Thank you for your question.

What follows may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the the content of an answer is restrained by the truth.

The statute of limitations is reset each time you make a payment. Therefore, the statute of limitations runs from the date of the last payment made.

Unfortunately, a medical provider can sue to collect fees.

If you're having trouble paying the debt, your medical provider may negotiate for a lower settlement amount, lower payments, or the provider might even forgive the debt altogether if you qualify. Some medical providers have programs to assist individuals who cannot afford medical care. You may wish to inquire about such a program.

For negotiations regarding the debt amount or a lower settlement/payment, you may want to seek an attorney's assistance. Your attorney may be able to help you negotiate the matter.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

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15 days and 3 hours ago.

Reply

I see you are in FL so does your knowledge apply to Missouri law? The last payment was made January 2004 and the last date of service was July 2005. So does it still go by the last payment date? Missouri laws state 5 years for SOL, so if it just on last payment date, am I okay?

15 days and 3 hours ago.

Reply

and last but not least (I think), how can they force me to go to another state for court? My bills are due to an auto injury that has left me permanently disabled. I can't fly, nor drive more than about 10 minutes without getting dizzy

Accepted Answer

Again, what follows may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the the content of an answer is restrained by the truth.

Because you incurred new debts after your last payment, the statute of limitations should start running from the date of default on the new bill. Further, if you made any payments (or possibly even admitted the debt was yours), those actions can affect the statute of limitations.

If you're being sued, you're going to want to take this matter to a local attorney, as you msut respond to a suit to avoid a default judgment. A statute of limitations does not simply bar a suit. Rather, if you are sued, it is necessary for your attorney to assert that the statute of limitations passed. Therefore, if you've been sued, you'll still need an attorney to help you respond to the suit, even if the statute of limitations has run.

The court in the state in which the treatment took place has jurisdiction. The law allows this situation because it would be unfair for someone to travel to a state, commit an act against another party who never left that state, and then require that party have to sue the defendant in the defendant's home state. In other words, because you purposefully went into the other state and the activity took place there, you can be sued for it there. For a civil matter, your attorney should be able to represent you without you present.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

_____________________________________

Please click the green
Accept Button for each and every answer and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/services. Correspondence through JustAnswer may be visible to the public. If you need legal advice/services you should seek, in person, a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.



Edited by T-USA on 11/5/2009 at 11:59 PM

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Expert: T-USA
Pos. Feedback: 98.8 %
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Answered: 11/5/2009

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Licensed FL Attorney

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