Sued for an unpaid medical bill

by Tina
(Luxemburg, wi, United States)

We have a medical bill that we never paid on. we were sent to collections then it was sent to a lawyer, then we were notified that we had a court hearing. I needed to have the court hearing postponed until the beginning of the year so the clerk of courts told me I needed to call the creditor's attorney. i did. he told me that we didn't even need to show up. there would just be a judgment against us and it was no big deal. I had no choice but to go with that option. Then after the hearing I get a letter telling me I need to pay this in full in 15 days or get my wages garnished. once again I have no one who will answer my questions with out getting an attorney of my own. I can't afford one. The Creditor's attorney told me that I needed to call a debt colletion place where the money is owed to now. they are telling me to apply for a loan at a bank and get the money or I will be garnished or there will be a lean on my house. I don't know what to do, where to turn. I don't know this whole process, the only one who will help me is the creditors attorney and he's obviously lying to me so I do whatever gets him the money faster. I just need time to find the money. Please help me!

Comments for Sued for an unpaid medical bill

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Dec 20, 2011
Sued for an unpaid medical bill

I recommend that you consult with a consumer law attorney about what happened when you called the attorney about rescheduling the court hearing. Under the federal Fair Debt Collection Practices Act (FDCPA) debt collectors (including attorneys who collect debts) are not entitled to misrepresent the "character, amount or legal status" of a debt that you owe and by telling you that there would be a judgment against you and so there was no need for you to show up in court, it appears that that is what the attorney did. Furthermore, by providing you with that information, the attorney automatically ensured that he would win a default judgment against you when in fact, if he had been willing to reschedule the hearing as most attorneys would have done, you would have had an opportunity to tell your side of the story to the judge and maybe work out a way to pay your debt in installments over time or via a settlement. For a free consultation with a consumer law attorney, go here,
free consultation with a consumer law attorney.

As for having your wages garnished, having a lien put on your home and so on, the attorney must get the court's permission to take those steps. If your wages are garnished, there is a limit on how much can be taken out of each paycheck, and if you end up with a lien on your home, that does not mean that you are going to lose the home. It means that you will have to pay the amount of the lien (the judgment amount) before you can borrow against the home or complete the sale of your home.

One thing to consider, depending on your overall financial picture is whether bankruptcy maybe something you should consider. If you have a lot of debt, filing may be a good move for you. Also, depending on the kind of bankruptcy you file, the bankruptcy would either wipe out the judgment against you or give you time to pay it over a period of time. If you want to find out if bankruptcy is right for you, go here,
a free consultation with a bankruptcy attorney

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