QUESTION

Can I be sued for a medical bill from over 15 years ago?

Asked on Mar 12th, 2019 on Civil Litigation - Texas
More details to this question:
I am being harassed by a collection agency for a medical bill I have no memory of that is over 15 years old
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1 ANSWER
Answered on Mar 13th, 2019 at 9:16 AM
Yes, but . . . .     As a general rule, a creditor has 4 years to sue to enforce a contract.  The creditor could still sue you to collect, however, you would usually be able to assert the affirmative defense of statute of limitations.    An affirmative defense is one where you win even if the creditor is able to prove its cause of action.   In addition, you must specifically assert the affirmative defense to take advantage of it. The statute of limitations is a rule that requires a claimant to assert a claim or cause of action within a set amount of time or risk having the claim barred in court.  Next time the creditor calls, you could tell them you know that the statute of limitations for a medical bill is 4 years so you know that they cannot collect.  If they file suit to collect, you willl have to file an answer and assert your affirmative defense.   If you do not, the creditor can obtain a judgment against you for the amount due.

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