Florida Shortened the Deadline for Hospitals to Sue Over Unpaid Medical Debt
Medical debt looks different from other consumer debt, and Florida law now treats it differently too. A change that took effect in the summer of 2024 shortened the window that hospitals and surgical centers have to sue patients over unpaid bills. If you are facing a lawsuit, or a threat of one, over an old hospital bill, this shorter deadline could make a real difference. Our South Florida medical debt attorneys can explain what the change means.
The General Rule for Debt Lawsuits in Florida
Most debt collection lawsuits based on a written contract must be filed within five years of the default. For years, medical debt was generally treated the same way, since a hospital admission often involves signing a financial responsibility agreement. That five-year window still applies to many types of consumer debt in Florida, including most credit card balances and signed loan agreements.
A Shorter Deadline for Hospital and Surgical Center Debt
Florida law now sets a three-year statute of limitations specifically for debt owed to a facility licensed as a hospital or ambulatory surgical center. This shorter deadline applies regardless of whether the patient signed a financial agreement at admission. Once three years pass from the point the debt was referred for collection, the facility generally loses the ability to sue and obtain a judgment for that unpaid balance. Bills from providers outside a licensed hospital or surgical center, such as an independent physician’s office, may still fall under the longer deadlines that apply to other obligations.
The Clock Can Be Paused Under Certain Circumstances
A shorter deadline does not always mean a debt becomes automatically uncollectible after three years. Florida law allows the clock to be paused, or tolled, under specific circumstances. If a patient moves out of state, uses a name unfamiliar to the creditor in a way that prevents proper legal service, or otherwise conceals their whereabouts, the countdown may stop. Making a payment toward the debt can also restart the clock, so patients should be cautious before agreeing to a partial payment on an old bill without understanding how it may affect their legal position.
The Deadline Is a Defense, Not an Automatic Dismissal
Even when a debt appears to be time barred, the statute of limitations does not apply on its own. It must be raised as a defense in response to a lawsuit. A patient who is sued on old hospital debt and fails to respond in time can still end up with a default judgment for the full amount, even if the debt was legally uncollectible. Once a court enters a judgment, it can generally be enforced for two decades and renewed after that, through wage garnishment or bank levies. Responding promptly to any collection lawsuit is essential.
Contact Our West Palm Beach Medical Debt Attorneys for Help
Unpaid medical bills can pile up quickly after an unexpected illness, injury, or hospital stay, and it is not always clear which deadlines apply or whether a debt is still collectible. As discussed above, Florida now gives hospitals and surgical centers a shorter window to sue over unpaid debt, but that protection only helps if it is raised correctly. If you are dealing with medical debt, collection calls, or a lawsuit over a hospital bill, our West Palm Beach medical debt lawyers at Kelley Kaplan Delaney & Eller, PLLC can review your situation and explain your options, including whether bankruptcy may provide relief.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
