Written by Ascend Team
Updated Nov 13th, 2023
The information provided in this article does not, and is not intended to, constitute legal or financial advice; instead, all information, content, and materials available in this article are for general informational purposes only.
It is important to determine how old these medical bills are.
Why?
Because the debt may be outside of the
statute of limitations in Arkansas, which means that the creditor cannot sue you for the unpaid debt. If it's within the statute of limitations, you may want to resolve it quickly to the hospital working with a debt collection agency to sue you for a judgment to
attempt to garnish your wages.
Arkansas Medical Debt Laws
You may be wondering when the Arkansas statute of limitations begins. Does the statute start on the date you went to the care center, got the bill, the date of the bill, etc?
Per ยง16-56-111, medical debt statute of limitations in Arkansas is
5 years and begins from the last payment activity or the date on the bill.
Here's the specific legal text:
16-56-111. Notes and instruments in writing and other writings.
(a) Actions to enforce written obligations, duties, or rights, except those to which 4-4-111 is applicable, shall be commenced within five (5) years after the cause of action shall accrue.
(b) However, partial payment or written acknowledgment of default shall toll this statute of limitations.
Is Medical Debt in Arkansas Considered A Written Contract or an Oral Contract?
Every state has a different statute of limitations on written and oral contracts.
Medical debt is considered a written contract.
A written contract is any debt that comes with a contract signed by both you and the creditor.
Oftentimes, a written contract will include the terms and conditions, like the monthly payment and the total amount.
Arkansas Medical Debt Collection
Doctors and hospitals typically don’t report late payments directly to credit bureaus, but they may eventually send past-due accounts to outside collection agencies. If patients can’t pay the bill, the bill collectors may report the debt to the credit bureaus. The debt can then tarnish patients’ credit files and potentially their credit score, which is calculated based on information in the report.
Hospitals typically are not the ones reporting late payments directly to credit bureaus. However, as time passes, they may send past-due accounts to third-party collection agencies. If the debtor still is unable to pay the medical bills, the third party may report it to the credit bureaus.
Use our free Arkansas Medical Debt Statutes of Limitations Calculator below to see if your medical debt is past the statute of limitations.
What Are Options To Eliminate Medical Debt in Arkansas?
Just for context, there are pros and cons to each debt relief option, so be sure to consider everything before taking action. Check out the debt relief calculator below to understand the specific options including payment estimates and pros and cons. Read the information below the calculator for additional information.
Arkansas Debt Relief
First of all, before entering into a debt relief or
Arkansas debt relief program, make sure that you have a legitimate medical hardship. If you get into unnecessary debt (like getting state-of-the-art electronics or luxury cars) to get into a debt relief program, most debt relief companies will avoid you like the plague and it might be termed as a fraudulent action. As a means of debt relief, debt settlement is highly beneficial for people who are struggling to meet their medical bill obligations. But there is a catch- you have to accept that the debt is valid. If you dispute the debt or think that the way the debt accumulated was unfair, then you don’t qualify for debt settlement.
Debt Management
A debt management plan is a debt relief option that helps people reduce their unsecured debt; in this case, medical debt, and regain financial control. After you enroll in a debt management arrangement, you have to make predetermined monthly contributions to a credit counseling company. These monthly contributions are determined by what you can comfortably afford. In most cases, the monthly amount results from an analysis comparing your household expenses against your earnings (income).
Bankruptcy
For many people overwhelmed by medical bills and debts, the most commonly asked question from them is whether they can file for
medical bankruptcy without all the other debts coming up. While you can easily
file for bankruptcy in Arkansas due to medical debt, the chances of the other debts that you have incurred arising are pretty huge.
Ascend Wants to Help
If you have questions about the medical debt statute of limitations in Arkansas, debt collection lawsuits, or any other debt questions, please feel free to contact Ascend at 833-272-3631.
We offer complimentary debt evaluations to help you understand your options when facing crippling medical bills. Let’s work together to find the best solution to your debt problems.