Hannah Locklear | April 07, 2023
Summary: The statute of limitations on medical bills ranges from three to ten years, but it varies by state. Even if the statute of limitations on your medical debt has expired, the debt can still affect your credit score for up to seven years. If you’ve been sued for medical debt, use SoloSuit to draft and file an Answer to increase your chances of winning by 7x.
If you are being sued by a debt collector regarding unpaid medical bills, it is important to determine the age of the outstanding medical debt. Why? Because you may be able to use the statute of limitations as a defense to get the debt collection lawsuit thrown out of court.
The term “statute of limitations” refers to the time period that an individual or company has to file a legal action. In other words, creditors and debt collectors only have a certain number of years to sue someone for a debt they owe before the statute of limitations prevents such action.
When it comes to medical debt, the statute of limitations typically becomes an issue when a debt collector is attempting to recover on a bill that has been deemed “unpaid” for years.
It is important to understand that the courts do not track the statute of limitations. Instead, the responsibility falls on the defendant (i.e. you) to raise the statute of limitations as a defense and affirmatively request that the collection lawsuit be dismissed due to the expired statute of limitations.
The statute of limitations can be an effective tool in getting a debt collection lawsuit dismissed, if applicable. However, it is important to understand that even if the medical debt is beyond the statute of limitations, it does not mean the debt is wiped away from your records. It simply means the debt cannot be recovered through a lawsuit.
Even if you can no longer be sued for medical debt due to the statute of limitations, the debt can still stay on and negatively impact your credit report for seven years.
Lots of people wonder what the limit is on their medical debt, so we built out Statute of Limitations Calculator to make it easy to find when the statute of limitations expires on your debt. Again, once it is expired, a collector can't sue you for it and you can bring it up as a defense if they do. Just answer the questions below and calculate your limit.
This calculator is for educational purposes only.
Medical debt, just like virtually all other debt, is listed on your credit report, including whether that debt is delinquent or current. As mentioned earlier in this article, the statute of limitations does not directly impact or influence the amount of time a debt can remain on your credit report and the impact it can have on your score.
When you have unpaid medical debt in collections, it will stay on your credit report for at least seven years. After seven years have passed, the debt may no longer be visible on your credit report, unless a debt collector pursues a judgment against you during that time period.
If you can repay a delinquent medical bill, that repayment should be updated on your credit report and taken out of the collections category. Depending on your particular situation, you may be able to have the medical debt deleted entirely from your credit report. This is common when someone is wrongly sued for a medical debt they do not owe.
If you're negotiating with a debt collector, confirm that steps will be taken to update the status of the account on your credit report before you agree to make a payment.
If you are being harassed by a debt collector or were served with a Summons and Complaint, related to unpaid medical bills, it is important to determine the age of the debt so you can assess whether a statute of limitations defense is viable. The relevant statute of limitations for your particular matter will depend on the state in which you reside and the type of medical debt you purportedly have.
Let’s consider an example.
Example: Sandy is being sued by a debt collector for an old medical debt in Delaware. After investigating the debt, Sandy discovers that she incurred the debt more than four years ago. Since the statute of limitations on medical debt is three years in Delaware, the case is invalid. Sandy uses SoloSuit to respond to the lawsuit. In her Answer document, Sandy lists the expired statute of limitations as one of her defenses, and the case gets dismissed. However, the debt will still affect Sandy’s credit score until seven years has passed from the date it appeared on her credit report.
It is important to understand that there is no general, one-size-fits-all statute of limitations. Therefore, the statute of limitations on your debt is determined by the laws of the state in which you reside.
Each state legislature enacts its own set of statutes related to different types of legal actions, including the collection of unpaid debts. In most states, the statute of limitations to collect on unpaid medical bills is between three and six years. However, in some states, a creditor has between 10-15 years to try and collect on the debt.
In the table below, we’ve outlined the statute of limitations on medical debt in every state.
State | Medical Debt Expiration Deadline |
---|---|
6 years |
|
6 years |
|
5 years |
|
6 years |
|
4 years |
|
6 years |
|
6 years |
|
3 years |
|
5 years |
|
6 years |
|
6 years |
|
Idaho |
5 years |
10 years |
|
10 years |
|
10 years |
|
5 years |
|
Kentucky |
10 years |
10 years |
|
6 years |
|
3 years |
|
Massachusetts |
6 years |
6 years |
|
6 years |
|
3 years |
|
10 years |
|
8 years |
|
5 years |
|
6 years |
|
3 years |
|
6 years |
|
6 years |
|
6 years |
|
3 years |
|
6 years |
|
Ohio |
6 years |
5 years |
|
6 years |
|
4 years |
|
10 years |
|
3 years |
|
6 years |
|
6 years |
|
4 years |
|
6 years |
|
Vermont |
6 years |
5 years |
|
6 years |
|
10 years |
|
6 years |
|
10 years |
To learn more, check out our guide to the statute of limitations on debt in all 50 states.
It is necessary to determine not only the age of the debt but the specific type of debt that is attempting to be collected upon. This is because the applicable time limits vary depending on the type of debt. Here is an overview of the general categories of debt:
Make the right defense the right way with SoloSuit.
Many debt collectors, especially large debt collection agencies working on behalf of insurance companies and hospitals, are well versed in the statute of limitations. They routinely attempt to take advantage of consumers who may not have much knowledge about how the statute of limitations works and exploit it to their advantage. For example, if you make a payment on an old debt, it is important to understand that the new payment effectively resets the proverbial clock on the statute of limitations.
This is why it is fairly common for a debt collector attempting to recover on old medical debt to try and pressure you into making a fairly small, nominal payment towards the amount owed. The only reason they are asking for a small amount is to ensure the clock is reset for the statute of limitations.
Don't let debt collectors trick you into paying an old debt. Respond with SoloSuit.
If you’ve been sued for a medical debt, you must respond to the lawsuit regardless of your state’s statute of limitations on the debt.
To respond to a medical debt lawsuit, you must file a written Answer into the case and serve the opposing attorney. You may think you have to hire a lawyer to represent you in your case. We’re here to show you how you can represent yourself in court and win.
Follow these three steps to respond to a debt lawsuit:
SoloSuit can help you draft and file an Answer in all 50 states.
Let’s take a look at another example.
Example: Harry is being sued for a medical debt that is more than 10 years old in Illinois. He uses SoloSuit to respond to the case. Since the statute of limitations on medical debt in Illinois is 10 years, Harry uses this as one of his affirmative defenses in his Answer. He also denies most of the claims against him. SoloSuit files the Answer with the court on Harry’s behalf and delivers it to the debt collector’s lawyer. When the lawyer receives Harry’s Answer, she files a Motion to Dismiss into the case, ending it early.
To learn more about these three steps, check out this video:
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now are are just look for support, we're here for you.
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Need more info on statutes of limitations? Read our 50-state guide.
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Out Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
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