Hi - any help here would be SO appreciated. My husband had a heart attack which we could in NO way afford and we were hit for thousands (around 12k including before and after care). These bills, thankfully expired and were removed from his CR at the end of 2007. We are just now rebuilding our credit and his company wants to move us to Ohio where the SOL on written contracts is 15years. So, can they come back???? We are currently in MD where the sol's are 3-3-6-3 (oral, written, promissory, open accounts) and Ohio is 6-15-15-6. I have been looking/researching and am just getting more confused. Once a debt has expired and is gone, can moving to a state with a longer SOL reinstate the debt? Also, some of the med bills were listed as "open accounts", another area of confusion. I don't know if that matters or not. I never did anything about it because they were due to dissapear last year and did. I am so worried about this - ANY help/advice appreciated!! We have already gotten so much help from this site just learning about debt, we already owe you all a huge thank you!
I believe Ohio has a borrowing statute and if the SOL ran elsewhere, the suit would also be time-barred in Ohio. But a CA or JDB might disagree. Also the Ohio SOL might be the least of your worries ... at some point you're likel to see IRS forms 1099-c ... and you'll need a 982 to counteract that.
Thanks for the info! About the 1099c - I just looked up the form - can a CA file one if the "identifiable event" is the SOL running out when there hasn't been any judgment or court action: Also, how common are these forms now with CA's? I thought I was really doing my homework, but I had never even heard of a 1099c... seems like junk debt collectors could really clean up by buying old debts and then filing for tax relief on the original balance. Or, I could be misunderstanding the entire thing - wouldn't be the first time! Thanks again for the reply flacorps. At least I won't be shocked if one comes in the mail...
If you mean can they come back on your credit report, the answer is no - not legally. The reporting period is 7 years for every state, regardless of what the SOL is for suing you for the debt. These are two separate time periods.
Jlynn, I am an idiot I knew the reporting period and the only excuse I have for confusing it with the SOL on legal action is temporary panic. This move was sprung on us out of nowhere, and googling the area I accidentally hit on Ohioâ??s tough (and CONFUSING) collection laws. Itâ??s frightening because we went without to pay as much as we could, but the bills were overwhelming. Itâ??s still scary that we might be sued - I canâ??t find out definitively if they can or not, still struggling with that one - but at least we wonâ??t be starting out at (less than) square one. We will definitely plan more responsibly for our next major health emergency, or at least have the good grace to quit working before hand to qualify for medical assistance - no more â??you are a horrible deadbeat for having a heart attack you canâ??t affordâ?? letters for us - knock on wood! THANK YOU Jlynn, outside the fact that Ohio sounds like a horrible place, I actual feel a little better now. (donâ??t mean to offend any Ohio natives out there - feel free to correct me - I could use some good news)
Another thought--would you be going someplace in Ohio where you could live in a neighboring state and commute?
