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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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We have a judgement against us for medical bills. We have been

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We have a judgement against us for medical bills. We have been paying them. Some how when the CR adj. went to take the payment out of our checking it wasnt there. We called and thry told us because it wasnt there they raised the amount to pay. We pay that and once again some how when they said they tried to take the payment it wasn't there. We tried to fix this issue by having them take the money out the same day it goes in. They refuse to work with us and threaten garnishment. We can't afford $250 a month just for this bill. We can't afford an attorney, so we are looking for self help instructions on how to file a motion to lower this payment since they will not work with us. Note: We moved and never received a court hearing notice on this from the start. We know we owe but we have other medical bills to deal with. My wife has been very sick and has been to several doctors. What do I do
Dear JACUSTOMER - These are difficult situations and dealing with collection companies is always very hard. Once they get a judgment there is little leverage you have to force them to deal with you or agree to lower payments. Even if you could afford an attorney it is unlikely the attorney could do much in this area. Since I don't know the amount of the judgment it is difficult to offer specific alternatives but in general, if the amount is significant, the best option is to seek relief in bankruptcy and stop all the collection actions immediately. Generally debts of this type can be completely discharged and allows you a fresh start. Making payments on large debts is a never ending process and they keep adding interest and other charges so you pay forever. If you do not have a lot of assets to protect you can generally file a bankruptcy and not lose any of your property which can be protected through exemptions. If you want to continue the payments then you are going to have to pay what they want or allow them to garnish wages or attach assets and that gets to be a real problem. My opinion is that it is better to spend your money on a bankruptcy attorney rather than throwing it away paying an endless judgment.
Customer: replied 3 years ago.

We have filed bankruptcy and these illnesses occurred after our discharge. The amount is $2748.42. The CR Adj. sent us a paper it says payment to avoid garnishment.. Now by filling this out and keeping paying our $250 per month will this keep us out of garnishment? I was reading about filing a motion through the Clerk of Courts might be able to lower the monthly amount and set it on a "gets paid" payment to where there won't be anymore issues from them.

You can contest a garnishment if it is filed as to the amount but if you have a written agreement to avoid garnishment which is commonly known as a "forbearance" agreement then there should be no problem. This amount would not be worth a bankruptcy even if you could file. The other option, and I don't know if you are in a position to do this, would be to offer a lump sum settlement of say 50-60%. Most creditors will accept a lump sum amount of something less than the total owed. I am going to be off line for a few hours but if you have anything else I will respond upon my return.
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