US medical bill passed onto Debt collector

lordmountararat

The limitation period in the UK is 6 years.

Five years in Scotland.

OhWow

Exodi said:

sourcrates said:

However, if you want to avoid future issues with travel to the US, as they can be funny about things like this, you may want to consider a payment plan via the debt collector, but that is entirely your decision.

The UK would outright refuse entry due to unpaid medical debt. Some countries go even further than this (*cough* the UAE *cough*).

The US in contrast is relatively lax, I'm not sure border control would even be aware.

That's because the government changed the law with the Immigration Act 2014 and the NHS part of that law,  started on 6 April 2015. 

They are billed at 150% of the NHS national cost and hospitals must report £500plus total NHS unpaid debt to the Home Office if there is no repayment plan in place, or there is, but it is not being kept to. NHS debt can prevent entry or another visa to remain.

Flemstar

Hi Libby, how did you get on with this? Im
in the same boat but my debt is much worse. 

I fell over intoxicated in a nightclub in LA. I knocked myself out and bust my nose. Paramedics insisted to my brother that I must got to hospital. In the few hours I was there they did a CT and a bunch of other tests which I did not consent to as I was out of it. They want $28,000 from me. 

This all happened almost 2 years again and the first I hear is a debt collection letter from Switzerland. 

I’m really worried now as I don’t have that kind of money and also reluctant to pay for $28,000 for a bust nose.

Grumpelstiltskin

The OP hasn't been online since December 2023 so I doubt you will hear from them.

The basic answer is did you have travel insurance?

Flemstar

I did but there’s a clause in it that states the will not pay out if the visit to A&E was caused by intoxication 

Flemstar

I didn’t realise that at the time and gave the hospital staff my insurance details which is how they’ve got hold of my address details i presume 

Grumpelstiltskin

Unfortunately   you caused the problem yourself by drinking too much, you must have had some idea that USA is top of the pops when it comes to charging for medical treatment.
Unless they decide to take you to court in the UK you should be OK as long as you don't return to the USA.

A lesson earned I hope.

Flemstar

sourcrates said:

There is no reciprocal agreement, between the US and the UK, allowing the easy enforcement of judgments in either country.

The only way to enforce a US judgment in England & Wales is to enforce it at common law, by bringing a new action in the English courts, as I said previously, with the US judgment becoming the cause of action.

At that point, the US judgment is treated as a contract debt and new proceedings are therefore issued in an English Court for payment of that "debt".

Essentially, it is not possible to enforce a US judgment in England directly, you must first obtain an English judgment.

Then the law gets quite complex, but essentially, prior to obtaining a judgement in an English court, there are six conditions that must be satisfied before the case can be heard.

One of these conditions is that the debtor was present in court when the original judgement was handed down in the US, the others are based on jurisdiction, fraud, policy etc etc, It is for the debtor to attempt to prove that one of these conditions has not been met.

Now all this is assuming legal action has been taken and a judgement awarded against you in the US.

Non of which has happened, its just one letter you have received, from a 3rd party debt collector, in another country.

Now in the US, legal action, like healthcare, is all chargeable, and stupidly expensive, there is no way such a small debt would be escalated in such a manner as this, it would cost the Hospital 1000`s of dollars in legal fee`s to pursue this matter, it`s just not commercially viable to do so, nothing is going to happen.

However, if you want to avoid future issues with travel to the US, as they can be funny about things like this, you may want to consider a payment plan via the debt collector, but that is entirely your decision.

This person’s response seemed to give me some hope. I wondered if the OP followed their advice and just ignored the collection letters and it all went away. My debt is significantly higher, which is my worry. They might actually pursue this at a UK court.

I know ultimately I only have myself to blame. I didn’t plan on hurting myself while out trying to have a good time. Also my brother said the paramedics were insistent on taking me to A&E, he wanted to put me in a taxi and take me home.  Also they carried out the CT scan and other test without my consent. All I had was a bloodied nose. Just all seemed very excessive. But yeah it is my own fault I know that. 

sourcrates

Flemstar said:

This person’s response seemed to give me some hope. I wondered if the OP followed their advice and just ignored the collection letters and it all went away. My debt is significantly higher, which is my worry. They might actually pursue this at a UK court.

I know ultimately I only have myself to blame. I didn’t plan on hurting myself while out trying to have a good time. Also my brother said the paramedics were insistent on taking me to A&E, he wanted to put me in a taxi and take me home.  Also they carried out the CT scan and other test without my consent. All I had was a bloodied nose. Just all seemed very excessive. But yeah it is my own fault I know that. 

Hi,

The ONLY issue this may cause you is if you try to re-enter the US again, it may be flagged up at immigration, and you may be refused entry, the debt will never see the light of day in this country, a few letters are a cheap way of getting a potential payday for them, if you ignore, nothing will happen.

The limitation period in the US varies by state, LA is in California, whose limitation period is 4 years. so in two years time the debt will be time barred anyway.

Flemstar

Thanks so much for your reply. That’s such a relief. 

I’ve been to the US so many times now because my brother lives out there, so I’m not too bothered about not going back for a few years. Especially now Trump has got back into power.