Hospital threatening to put a lein on my home...

by Josh
(Gulfport, MS)

If I own my house free and clear, can a medical collection agency put a lien on my house? Or is this simply an idle threat to scare me?

Comments for Hospital threatening to put a lein on my home...

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Nov 17, 2010
 medical bills and lien
by: Gerri and Mary

There is no such thing as an idle threat by a debt collector. Collectors are not allowed to make statements about actions they will take unless they both intend to take those actions, and have the legal ability to do so.

In your case, however, it sounds like you are dealing directly with the creditor (the hospital) and not a collection agency. if so, the Fair Debt Collection Practices Act does not apply, but other state laws may.

You can be sued if you do not pay your medical bills. If the hospital gets a judgment against you, they may be able to get a lien on property you own. It's a matter of state law, and the best person to advise you there is a bankruptcy attorney who will be familiar with this type of situation.

Given what you're telling us, we would encourage you to at least set up a free consultation with a bankruptcy attorney to find out whether the hospital can go after your home equity, and if so, what you can do to protect it.
Sep 09, 2015
 What a joke
by: Anonymous

Right, debt collectors never make idle threats. Of course they do; all the time. Under federal law they are not allowed to make threats they don't intend to make, but they do all the time. They know few pursue lawsuits against them under the Fair Debt Collection Practices Act, and settlements of claims under the Act are usually not very high.

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