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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26612
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was served with papers this weekend for an outstanding medical

Customer Question

I was served with papers this weekend for an outstanding medical bill. It's from a combination of two surgeries I had, which are totalling 15,000. I have been paying on this account for several years, and my payments have not been consistant, but not completely inconsistant, either. It says I have 20 days to respond, and I am planning to go talk to them on Monday. However, I am not sure what to do, or not to do, to protect myself. I am willing to make payments on the bills, (I'm not sure about this total, though, I had no idea it was this large) and would like to set up payments vs this going to court with possible wage garnishing. I am self employed, I don't know how wage garnishment would work with that anyway. Any help is greatly appreciated.
Submitted: 3 years ago.
Category: Legal
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.

 

If you go to them and offer a payment plan that you can afford, they'll likely agree to that. This is especially true if you're self-employed as a wage garnishment would be completely uneffective. The creditor could seek a bank garnishment and recover from you that way, but it isn't a great option for the creditor.

Customer: replied 3 years ago.

 

Will this effect my credit?

 

And what do I do if they collection agency does not want to accept my offer? I have made a list of my monthly bills to take in with me, which does not yet even include the quarterly taxes I have to shell out to the IRS!

 

I am afraid that due to the large amount of the bill, they will want a very large payment, which is just not possible. I am willing to offer 100 to 150, but I can't go much more above that!

Expert:  Roger replied 3 years ago.

If a judgment is rendered against you, yes, it will impact your credit.

 

All you can do is offer what you can afford and see what happens. If they refuse, their options to collect are really limited since your wages can't be garnished. You've heard the old addage "you can't get blood from a turnip"; that's applicable here because you can't be forced to pay something you can't.

 

Because of the difficulty to collect without the cooperation of the debtor, the creditor should be willing to work something out with you.

 

Customer: replied 3 years ago.

Thank you so much.

 

I am hoping that they will accept it.

 

My husband is not self employed, but we have separate accounts, since mine is for

work. Can they go after his wages? My name is XXXXX XXXXX one on the account with the collection agency.

 

And one other thing, can they charge interest on a medical bill, and are there any statutue of limitations on medical bills? Since one of these is from 2000. I have been paying them between 50 to 100 a month most months (I have missed some payments, but not many in a row), so I am surprised the amount is this much. I didn't think they could charge you interest on medical bills....

Expert:  Roger replied 3 years ago.

No, your husband is not liable for this debt and they can't come after his money because West Virginia is not a community property state (meaning that one spouse is not legally responsible for the debts of the other).

 

Yes, interest can be charged on medical bills. The general rate is 6-8%

Customer: replied 3 years ago.

 

 

Do I have any rights to negotiate that they not charge interest?

 

I hate to keep asking, but I just want to be prepared when I go in tomorrow!

 

Thanks

Expert:  Roger replied 3 years ago.
No, you don't have any right to prevent them from seeking interest. That can be a point to negotiate on, but you have no legal right that would prohibit them from seeking interest.
Customer: replied 3 years ago.

Thank you very much for your help.

 

I'm a nurse, does this site hire nurses to answer medical questions?

Expert:  Roger replied 3 years ago.
I know there is a category for medical experts, but I've never looked into the service to see what medical professionals are experts. You can look into this here and apply: http://www.justanswer.com/expert/credential/become_an_expert.aspx
Customer: replied 3 years ago.

THANKS!!

 

Have a great weekend

Expert:  Roger replied 3 years ago.

Sure. No problem.

 

Good luck with this issue; I would also encourage you to look into becoming an expert here. It's a great "second job" to make some side money.

Roger, Attorney
Category: Legal
Satisfied Customers: 26612
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 10 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

I definately will!

Expert:  Roger replied 3 years ago.
Great! Good luck.

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