SOL in Iowa

[firemanup]

What is the name of your state? Ia

Can someone please tell me how to find the SOL for Iowa. I've found it listed on several websites, but their content varies by a year or two depending upon the debt.

Example, one says 5 yrs for written contract the other says 6.

I've done numerous searches for the actual statute that lists this and cannot find it.

Can someone please help me find the State statute that gives the SOL for a debt. I believe the debt in question here would be considered a written contract, (doctors office) but not sure.

They have yet to provide validation and I'm working on that now, also they're claiming the same old story that the SOL is 10 yrs, and a print out is adequate validation.

Any help would be appreciated, would really like to be able to see and copy the applicable statute for them.

Thanks

Jason

 

[Ladynred]

Here ya go:

5 Years Oral Contracts; §614.1(5)
10 Years Written Contracts; §614.1(6)



"OPEN ACCOUNT= 5 YEARS

614.1 Period.
Actions may be brought within the times herein limited, respectively, after their causes accrue, and not afterwards, except when otherwise specially declared:

4. Unwritten contracts--injuries to property--fraud--other actions.

Those founded on unwritten contracts, those brought for injuries to property, or for relief on the ground of fraud in cases heretofore solely cognizable in a court of chancery, and all other actions not otherwise provided for in this respect, within five years, except as provided by subsections 8 and 10.

614.5 Open account.

When there is a continuous, open, current account, the cause of action shall be deemed to have accrued on the date of the last item therein, as proved on the trial.

614.11 Admission in writing--new promise.
Causes of action founded on contract are revived by an admission in writing, signed by the party to be charged, that the debt is unpaid, or by a like new promise to pay the same.

537.1301 General definitions.
As used in this chapter, unless otherwise required by the context:
37.6103.(abridged)

29. "Open-end credit" means an arrangement, other than a consumer rental purchase agreement, pursuant to which all of the following are applicable:
a. A creditor may permit a consumer, from time to time, to purchase or lease on credit from the creditor or pursuant to a credit card, or to obtain loans from the creditor or pursuant to a credit card.
b. The amounts financed and the finance and other appropriate charges are debited to an account.
c. The finance charge, if made, is computed on the account periodically.
d. Either the consumer has the privilege of paying in full or in installments, or the transaction is a consumer credit transaction solely because a delinquency charge or the like is treated as a finance charge pursuant to subsection 19, paragraph "b", subparagraph (1) of this section or the creditor otherwise periodically imposes charges computed on the account for delaying payment of it and permits the consumer to continue to purchase or lease on credit."


There is some debate as to whether a dr. bill is written or not, and some say it falls under UCC as 'goods and services', which can carry a different SOL than above. You might try calling the IA Attorney General's office.

 

[firemanup]

Lady thank you.

I believe most of these medical bills will be from my ex wife shortly after we split up, and one may be for my son. I'll pay for my son's bills but i'm not going to pay for the ex's if it's past the SOL.

It's been so long ago I can barely remember and they're just not trying to collect but I do have validation coming.

What type does a bill from a doctor's office fall under, I don't really recall it being a written contract, so is it then an open account?

Thank you again.

Jason

 

[firemanup]

Disregard above, i just caught it in your post... thanks

Jason