Judgement on Medical Bill

[nicholsjw84]

Jurisdiction

Missouri

When i was in my late teens I encountered a Medical Bill that went to collections. This debt was sold by the hospital to a debt collection agency which is also a law firm. This firm filed a judgement in March 2008 and I have been making payments since. Due to the high interest rate I still owe a substantial balance. I have attempted to settle the debt but understand they have no obligation to work with me. I have been researching Missouri law and have found information stating there is a statute of limitations on collecting debts in judgements. I'm reading they have 10 years. This has me thinking that if the full amount of the debt is not collected by March 2018 (next month) then I have no legal obligation to continue payment. Is this correct? I've already paid the original balance back in full and now I'm drowning in interest.

 

[Highwayman]

You encountered a medical bill, hmm?

You don't understand what statute of limitations is apparently. It doesn't seem to apply here since they went after you way before ten years had passed.

 

[adjusterjack]

I'm reading they have 10 years.

Where are you reading that? I imagine it's on one of those websites that list SOLs by state.

Unfortunately, I found nothing in the MO judgment statute that confirms 10 years:

2016 Missouri Revised Statutes :: TITLE XXXV CIVIL PROCEDURE AND LIMITATIONS (506-517) :: Chapter 511 Judgments

On the contrary, what I did find was confusing, but appears to indicate that a judgment revives automatically every 3 years.

You should talk to an attorney. You should have talked to an attorney a long time ago.

 

[Highwayman]

Where are you reading that? I imagine it's on one of those websites that list SOLs by state.

This seems to provide a bit more information:

Missouri Statute of Limitations on Debt Collection | MO Laws

 

[nicholsjw84]

Thank you! I read it was Missouri statute 516.350, here is the link i reviewed 516.350

What type of attorney should I talk too?

 

[army judge]

Thank you! I read it was Missouri statute 516.350, here is the link i reviewed 516.350

What type of attorney should I talk too?

The SOL tolled with each payment you made over the years.

When the statute is tolled, the running of the time period is suspended until some event specified by law takes place. Tolling provisions benefit a plaintiff by extending the time period in which he is permitted to bring suit. Various events or circumstances will toll a statute of limitations.

Did you make a payment within 3 years AFTER the judgment was obtained?

How much does the debt scavenger allege you still owe of the original debt?

What was the original amount you allegedly owed?

 

[nicholsjw84]

Yes I made my first payment June 2018 and the subsequent months after that and have continued to pay.

The original debt listed on the consent judgement is $4,276.08. That is $3,743.00 principal, $533.08 interest and $0.00 attorney fees. It says that Interest to accrue at 9% per annum on total and costs. I still owe $2,261.62 after 10 years.

Then it says "Execution stayed as to monies provided full and timely payment of at least $50.00 every month beginning March 20, 2008 and by the same day of each successive month through August 20, 2008 whereupon stay of execution is lifted."

I guess i need to see a consumer attorney about this???

 

[army judge]

Yes I made my first payment June 2018 and the subsequent months after that and have continued to pay.

The original debt listed on the consent judgement is $4,276.08. That is $3,743.00 principal, $533.08 interest and $0.00 attorney fees. It says that Interest to accrue at 9% per annum on total and costs. I still owe $2,261.62 after 10 years.

Then it says "Execution stayed as to monies provided full and timely payment of at least $50.00 every month beginning March 20, 2008 and by the same day of each successive month through August 20, 2008 whereupon stay of execution is lifted."

I guess i need to see a consumer attorney about this???

My GUESS is the judgment is a fake.

Check the court site, I suspect these scoundrels made it up to scare loot out of innocent, trusting, naive, unsuspecting folk.

You can visit most attorney initially for a one time consultation free of charge.

If I were you, I'd talk to at least two lawyers, no need to seek a specialist, just a general practitioner.

Remember, scour the various court websites, see what you can learn, truth versus fairy tales by scammers.

 

[nicholsjw84]

Thank you! I appreciate the help

 

[army judge]

Thank you! I appreciate the help

Google the scammer's name.

Most of the time you'll see oodles of victims complaining about how the scammer screwed them over, too.

www.ripoffreport.com is a good site to search, too.


Some stories will make you angry, others make you laugh:

Ripoff Report | Michael Clark Complaint Review Columbus, Ohio

 

[adjusterjack]

Thank you! I appreciate the help

According to the statute you found, the judgment is good for 10 years from your last payment.

Should be easy enough to go to the courthouse and check the case file documents to see if the judgment is legit.

 

[zddoodah]

I have been researching Missouri law and have found information stating there is a statute of limitations on collecting debts in judgements. I'm reading they have 10 years.

That's correct (see, e.g., Mo. Stats. section 513.020), but judgments can be renewed.

This has me thinking that if the full amount of the debt is not collected by March 2018 (next month) then I have no legal obligation to continue payment. Is this correct?

As long as the creditor doesn't renew the judgment, yes.

Thank you! I read it was Missouri statute 516.350, here is the link i reviewed 516.350

What type of attorney should I talk too?

The SOL tolled with each payment you made over the years.

I disagree. Nothing in section 516.350 or any other statutes supports this. Section 516.350(1) states as follows: "Every judgment . . . shall be presumed to be paid and satisfied after the expiration of ten years from the date of the original rendition thereof, or if the same has been revived upon personal service duly had upon the defendant or defendants therein, then after ten years from and after such revival, or in case a payment has been made on such judgment . . . and duly entered upon the record thereof, after the expiration of ten years from the last payment so made, and after the expiration of ten years from the date of the original rendition or revival upon personal service, or from the date of the last payment, such judgment shall be conclusively presumed to be paid, and no execution, order or process shall issue thereon, nor shall any suit be brought, had or maintained thereon for any purpose whatever."

In other words, making a payment after the judgment has otherwise expired may extend the judgment as long as such payment is "duly entered upon the record thereof" (whatever that means). Nothing suggests that making a payment before the judgment expires will extend the enforceability period.