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Can Medical Debt Collectors Sue?

Sarah Edwards | February 08, 2024

Sarah Edwards
Legal Expert
Sarah Edwards, BS

Sarah Harris is a professional researcher and writer specializing in legal content. An Emerson College alumna, she holds a Bachelor of Science in Communication from the prestigious Boston institution.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Can debt collectors sue you for medical bills? Yes, they can, but they must prove that the debt is yours and within the statute of limitations for your state. SoloSuit can help you respond quickly to a lawsuit, avoid a default judgment, and settle your debt for less than you currently owe.

Between copays, deductibles, and out-of-pocket costs, it’s easy to lose track of your medical bills. You might not even know about your medical debt until a medical debt collector starts calling you and threatening you with a lawsuit.

But is it true that can debt collectors sue you for medical bills? Unfortunately, debt collectors have every right to sue you to reclaim the debt. Here’s how to handle it.

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Why am I being contacted by a debt collector?

If you have a debt that remains unpaid, your insurance/healthcare provider may sell your debt to a debt collection agency. These companies then try to recover the debt from you, typically first through debt collection phone calls.

Eventually, a debt collector may even threaten you with a debt collection lawsuit.

Can debt collectors sue you for medical bills?

Debt collectors have every right to sue you for unpaid medical bills. But this assumes that the debt is accurate, legitimately yours, and within the statute of limitations for medical debt.

If your debt collector wins the lawsuit, the court can order you to pay the full amount, plus any legal fees or debt collection fees that the debt collector may request.

There is a statute of limitations on medical debt

The statute of limitations on medical debt varies by state. Generally, the statute of limitations is three to six years, though some states can go up to ten years or more.

Keep in mind that the statute of limitations for medical debt is different from other types of consumer debt, so it’s possible for your state to have a different statute of limitations for varying types of debt.

Here’s where it gets tricky: in some states, making a payment on your debt can restart the statute of limitations. So for example, if your debt is 10 years old but you make a payment, then your debt collector may have the entire statute of limitations period to sue you for that debt.

Check the statute of limitations for medical debt in your state here:

Statute of Limitations Calculator

Select your state.

Choose the debt type.

Select the last day you made a payment.


The Satute of Limitations

This calculator is for educational purposes only.

Here’s what to do if you’re being sued for medical debt

The word “lawsuit” can sound scary — but it doesn’t have to be. You’ll need to act fast, but if you act wisely, you can resolve the lawsuit without breaking a sweat. Here’s what you can do if you’ve been sued over medical debt.

Answer the lawsuit immediately

The first step is the most crucial. Depending on your local jurisdiction, you may have as little as two weeks to file an Answer with the court. An Answer is your official declaration to fight the lawsuit. If you don’t file an Answer — or if you miss the deadline — the court can render a default judgment in favor of the debt collector.

Not sure where to start? SoloSuit can help. Using SoloSuit makes it easy to draft an Answer. You can print your completed Answer and file it with the court, or SoloSuit can file it on your behalf. You can even request that an attorney review your Answer before filing for added peace of mind.

Draft your Answer today before the deadline expires with SoloSuit.

Verify that the debt is yours

Debt collectors can sue you, but they have to prove that the debt is actually yours. Insist that the debt collector provide information such as:

  • The name of the original creditor.
  • The amount of the original debt.
  • The date of the debt.
  • The amount covered by your insurance provider, if applicable.
  • Any payment history, if applicable.
  • The remaining debt.
  • Any information that directly connects you to the debt.

In some cases, asking for validation can cause your debt collector to back off. But if they can prove that the debt is yours, you’ll at least know what you’re dealing with, financially speaking.

Try these tips for validating your debt from SoloSuit.

Determine the statute of limitations

Debt collectors might try to push you to make a “good faith” payment to avoid further consequences. It’s best not to do this.

For one thing, a payment is a tacit agreement that the debt is yours, which you should never do without proof. Secondly, paying on your medical debt can restart the statute of limitations on that debt, extending the period in which you’re vulnerable to lawsuits.

What if the debt collector is contacting you about debt outside of the statute of limitations? That’s actually good news, since the FDCPA prohibits lawsuits on expired debt.

However, if you’re being sued, you must bring this up in your defense; otherwise, the court might still render a default judgment against you outside of the statute of limitations.

Settle your debt for less

Keep in mind that even if your statute of limitations expires, your debt doesn’t go away. That’s why your best option is often to settle your debt for less than what you owe. Most debt collectors would prefer to accept a lower payment amount than go through a lengthy — and costly — legal process.

Start by offering to pay 60% of the total amount. This will get the ball rolling on negotiations, and you and the collector can eventually reach an agreeable solution.

SoloSuit can help you here, as well. SoloSettle allows you to negotiate with debt collectors without dealing with them directly, and you only pay once you reach a final settlement.

Let’s look at an example to see how this might work in action.

Example: Shortly after her appendix was removed, Beth moved across town — which meant her final doctor’s bill went to the wrong address. She didn’t realize this until she was contacted by a debt collector threatening to sue. Beth acted quickly to verify the debt, then used SoloSettle to negotiate her way down to a manageable settlement amount. She resolved her debt for less than the original amount and was able to finally move past her debt.


Example: Shortly after her appendix was removed, Beth moved across town — which meant her final doctor’s bill went to the wrong address. She didn’t realize this until she was contacted by a debt collector threatening to sue. Beth acted quickly to verify the debt, then used SoloSettle to negotiate her way down to a manageable settlement amount. She resolved her debt for less than the original amount and was able to finally move past her debt.

Avoid the hassle of a debt collection lawsuit

Moving beyond debt is easier than you think. By using SoloSuit, you can avoid the complications of a lawsuit, and you may even save money by settling for a lower amount. Let SoloSuit help you move forward from your debt!

Start using SoloSettle to settle for less than what you owe today.

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