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TEABYRDZ · Dec 16, 2008, 02:28 AM

My parents had a law suit started against the hospital in 1987 and way before it was settled they divorced and my Dad's attorney took him off the law suit. My Mom won the suit, case closed, wrong..

A few days ago, both my Mom & Dad both had letters from a collection agency stating that the court costs were never paid, which my Mom's attorney should have paid.

My Dad called the courts & they have no record of anything and the collection agency is saying--to bad, it's your bill, you pay it.

My question is, shouldn't this be way past the statue of limitations?

JudyKayTee · Dec 16, 2008, 08:12 AM

Originally Posted by TEABYRDZ

My parents had a law suit started against the hospital in 1987 and way before it was settled they divorced and my Dad's attorney took him off the law suit. My Mom won the suit, case closed, wrong..

A few days ago, both my Mom & Dad both had letters from a collection agency stating that the court costs were never paid, which my Mom's attorney should have paid.

My Dad called the courts & they have no record of anything and the collection agency is saying--to bad, it's your bill, you pay it.

My question is, shouldn't this be way past the statue of limitations?

Yes, the way I'm reading it it's out of Statute but the Attorney has to sign off, at least in NY, stating that all expenses/disbursements have been paid before he cuts the settlement checks. Do you have the settlement statement? Were the costs already paid?

I'd ask the Attorney what happened.

In MY area at least Court costs are paid up front - you don't file an index number, have a hearing, etc. unless you pay the Court costs first. No money, no index number.