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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118797
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I live in Illinois. I am being sued by a medical provider

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I live in Illinois. I am being sued by a medical provider for a bill I am not sure I owe. The last payment made by an insurance company was March 3rd 2003. Yes 2003. I was served the papers this past Monday and have to appear in court next Monday. The medical provider is in Illinois. "RECAP" - 10 year old medical bill. Paid by a worker's compensation insurance carrier. My name is XXXXX XXXXX bill. Last payment made by insurance carrier not me was March 3rd 2003.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Forgive me if I mention anything you might know, but I can only answer based on the information disclosed and if it was not disclosed to me I cannot know it.

Under IL law, unfortunately there is one of the longest statute of limitations on contract debt out of all of the states and they have 10 years from date of last payment to sue on a debt. If the last payment was made March 3, 2003, they had to file suit on or before March 3, 2013 or their suit would be barred by the statute of limitations.

Presuming that the statute of limitations has not expired, then you are going to bear the burden of proving that the debt was paid by workers compensation, meaning that you should have already obtained the workers compensation payment records (by subpoena if necessary). Furthermore, even if workers compensation did allegedly pay the bills, if they are saying that there is a bill due and it was one that should have been paid by workers compensation, you should file a third party claim against your workers compensation insurer (which would bring them into the suit and that would not be barred by the statute of limitations in this same action since the filing of the suit by the plaintiff stopped the statute of limitations for any party, so you could still file the third party complaint bringing the insurer in as a third party co-defendant). In bringing in the third party co-defendant, you are saying you 1) do not owe the bill and 2) even if you do owe the bill, the third party defendant is the one who was liable to pay that bill and not you. If you have the documentation that workers compensation did indeed pay the whole bill then the third party claim is not necessary and all you have to do is call a witness from the workers compensation insurer to testify with the proof they paid the bill and that would properly introduce their payment of the bill into evidence in accordance with the rules of evidence.

This is the proper way to be dealing with this claim if the statute of limitations defense is not available.

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