Is it possible to have a case dismissed by a creditor if other people’s medical records are included in court paperwork?

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Is it possible to have a case dismissed by a creditor if other people’s medical records are included in court paperwork?

I was served with a court summons (non certified mail), the document included medical records for two other people (an adult and minor child). One of the debts is from 2005, no bill was sent to me or attempt to contact me until it was turned over to debt collector. Is the fact that incorrect information and no attempt to collect prior to now enough to have case dismissed? I was given only 16 days notice to court date, is that sufficient?

Asked on July 17, 2012 under Bankruptcy Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with an attorney experienced in the area of consumer law to assist you in your matter.

In most states the maximum statute of limitations to file a lawsuit for a debt owed is four (4) years. As such, some of the claims may be time barred by your state's statute of limitations such as the 2005 bill.

The plaintiff has the burden of proving the debt claimed owed is actually owed by you and not some other person's bill and that the debt is not time barred by your state's statute of limitations. You also have a defense of waiver or laches which goes to the delay in contacting you about the debt allegedly owed.


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