Can a medical provider claim a person’s state tax refund if they have an outstanding medical bill?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a medical provider claim a person’s state tax refund if they have an outstanding medical bill?

I was reading about a law in SC in regards to a medical provider being able to claim or commandeer a persons state tax refund if that persons owes a past medical bill. I was wondering this is correct and if so how do they go about the process of doing that. What are the charges? Does it also apply to dental bills? What are the statute of limitations?

Asked on July 6, 2011 under Bankruptcy Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The laws and procedures here are best explained to you in detail by an attorney in your area.  It is true that South Carolina has a law in place that allows a debt to be set off by a collection of your State tax return through the South Carolina Department of Revenue.  The act was amended in 2009-2010 as to the notice requirement to the debtor.  It requires the first mailing by certified mail return receipt requested and then if the mail is returned, allows the creditor to send the notice of intention by regular mail.  The notice has to say specific things and I can not see reference to limitations on the creditor - dentist or otherwise.  The statute of limitations would be that for debt collection in South Carolina, which I believe is 3 years.  Get help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption