Should I wait for the SOL to expire or should I file bankruptcy?

Asked over 1 year ago - Riverside, CA

I have about $96,000 in unpaid medical bills. They are around 3 and a half years old. Should I file bankruptcy or just wait for the statute of limitations to expire?

Attorney answers (4)

  1. Michael Avanesian


    Contributor Level 16


    Lawyers agree

    Answered . That's really your call. You have no other debt and there is no word from anyone that this debt has been sold or a judgment has been obtained?

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  2. Richard Scott Lysle

    Contributor Level 17


    Lawyers agree

    Answered . Unpaid medical bills are not as bad for your credit as a bankruptcy. Although the SOL may expire after 4 years, the accounts may stay on your credit or 7 years. A BK will stay on your credit for 10 years, and it will affect your relations with your other creditors.

    Also, the SOL may not necessarily be 4 years. Sometimes a shorter period applies. To get more specific advise, relevant to your exact situation, you should sit down with a lawyer.

  3. Bruce Allan Wilson

    Contributor Level 15


    Lawyers agree

    Answered . The SOL generally starts on the date you are declared in default on your obligations. In this case, 4 years unless the contract states otherwise.


  4. Scot J Eliot

    Contributor Level 12


    Lawyers agree

    Answered . If these are you only debts and you have not received communication from a California attorney regarding the debt then I would wait to see if the statute of limitations expires. There are a number of things which can toll the statute of limitations and give the creditor more time to file suit but none of these are raised by your question.

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