QUESTION
What can I do about a 20 yr old medical bill that I wasn't aware off?
Asked on Feb 06th, 2014 on Bankruptcy - Washington
More details to this question:
They just notified me and are trying to attach my wages from a medical bill that’s 20 yrs. old. They say there is a judgment against me from 1994. I just received the wage attachment notice. It was never there when I bought my house, I also had good credit. Help me, how can they do that?
9 ANSWERS
Bankruptcy Attorney serving Bloomfield Hills, MI
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Bredow Law PLC
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A Michigan court Judgment is valid for 10 years. A judgment creditor has the right to begin to collect the money before the judgment expires based on the statute of limitations. A creditor may continue collecting on a judgment after the initial judgment's expiration date if the judgment has been renewed. A motion to renew a judgment must be filed before the original judgment expires. A renewal of a judgment extends the judgment for the same period of time as the original judgment. The statute of limitations is tolled (stopped) during the time that the judgment is being paid in installments. In your case, the creditor may have extended their judgment.
Answered on Feb 13th, 2014 at 6:10 AM
It sounds like further investigation is needed to determine if the judgment is valid.
Answered on Feb 12th, 2014 at 4:58 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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In Michigan the statute of limitations on collecting a judgment is 10 years you do not owe the money any more.
Answered on Feb 12th, 2014 at 4:56 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Check court records about service of process before they obtained the Judgment against you.. You may have to quash service and set aside the Judgment.
Answered on Feb 12th, 2014 at 4:54 AM
Michael J. Breczinski
In Michigan such a judgment is only good for 10 years with certain exceptions. You need to sit down with a lawyer and discuss all the details to see if this judgment is still enforceable.
Answered on Feb 12th, 2014 at 4:54 AM
It must have been reduced to a Judgment at some point or the statute of limitations would apply. They may not have had an Abstract of Judgment or put it in the wrong county. Since you can renew a Judgment indefinitely more than likely it is legit. You can file BK or negotiate a lump sum payment in hopes of reducing the total.
Answered on Feb 12th, 2014 at 4:52 AM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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Go to the court file. Get a copy of the returns of service. There is supposed to be one from when the judgment was originally entered. Judgments have to be revived after 7 years, so there is supposed to be another from then. See how they claim you were served. If you were not served (personally or by service on a member of the family over 13 plus mail), then the judgment is subject to attack at any time. You would have to file a motion to vacate supported by affidavit and corroborating evidence showing why you could not have been served.
Answered on Feb 12th, 2014 at 4:49 AM
James Edward Smith
Statute of limitations may have run if they have not renewed the judgment.
Answered on Feb 12th, 2014 at 4:48 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I would need to see the documentation, but it may be uncollectible. If it was never reduced to a judgment, then it IOS uncollectible. If it was reduced to a judgment then generally they have 10 years to collect or it becomes uncollectible, unless, before the lapse of 10 years, they filed a motion with the court to renew the judgment for an additional 10 years. You need to check these things out.
Answered on Feb 10th, 2014 at 10:02 PM