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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38373
Experience:  30 years in civil, probate, real estate, elder law
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I live in Florida. I am 54 years old. I have a hospital bill

Customer Question

I live in Florida. I am 54 years old.
I have a hospital bill from about 26 years ago for a miscarriage. About 6 years ago I was served papers and I agreed to pay $25 a month. I have been sending the payments to a lawyer for Broward General Hospital. I missed a few payments a few years ago they took every penny from my bank account. (About $600) so I learned a quick lesson.
I only make $11 and hour and that's a lot of money to pay til I am dead. I don't have a home or car in my name.
I have a few questions...
Did the attorney likely use the check information from the checks I was writing to seize my $?
If I closed my current bank account and stopped paying what would the attorney do?
Is there an SOL?
Can the attorney find "a new" checking account, savings account?
Can the touch my 401k?
If I had a home in my name can they put a lien on it?
If I had a car in my name could they?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

I am so sorry for your situation here.Let's go through these.

Did the attorney likely use the check information from the checks I was writing to seize my $?

Yes you should close the account of just not deposit funds.Send money order or cashier's check, thats exactly how they did it.

If I closed my current bank account and stopped paying what would the attorney do?

They may harass you a bit, possible to sue you here.

Is there an SOL?

Yes but a new one likely started when you signed repayment agreement.That is considered a new agreement/contract/ with new SOL
Can the attorney find "a new" checking account, savings account?

They can it might take awhile.They usually look through credit bureau. If you can go cash only here or put account in someone elses name that protects you.

Can the touch my 401k?

No , but if you withdraw and put it in a bank account then yes they can garnish the account.Looses protection once it is deposited.

If I had a home in my name can they put a lien on it?

If they sue you and get judgment it liens any real property in your name.

If I had a car in my name could they?

They are not likely to try and get after a car here unless it is a rolls or something of high value.

I appreciate the chance to answer your questions.Thanks again.

Expert:  Ray replied 1 year ago.

Reference

In a case involving breach of written contract, the Florida Law provides for up to 5 years to file the claim or lawsuit

So here it is five years from when you signed for repayment agreement.

Customer: replied 1 year ago.
Thanks Ray! You are the BEST! Helped me a lot last time I needed advice : )What does this mean? "So here it is five years from when you signed for repayment agreement."
Would it be 5 years after they get the last payment?
Can I hide?
It's a crummy county hospital, this is not fair. Not sure why it wasn't written off.
I have an American express Serve debit account, is that trackable? Can they seize it?
Anyway to get the $25 lowered?
$25 is ALOT of money for me every month.....there must be some way out. The big banks do it LOL
Customer: replied 1 year ago.
What if I add legal services with my job...might a personal attorney help rid me of this thorn in my side?
Expert:  Ray replied 1 year ago.

You can simply put your funds in say daughter/sons name or go cash only.You want to keep assets out of your name and go off the grid.You can rent a safety box to put cash into it, if you get monthly checks take out the money asap.

You can add a legal plan here it might help you.

You would have option to file Chapter 7 bankruptcy and discharge this debt and any others you may have.

Thanks for the follow up.

Customer: replied 1 year ago.
Didn't see the answer for:
What does this mean? "So here it is five years from when you signed for repayment agreement."
and Would it be 5 years after they get the last payment?
(I have no other debts at this time)
Expert:  Ray replied 1 year ago.

So here it appears they had you sign a repayment agreement with authorization to take payments from your account.Otherwise if there is no judgment they have five years to sue you from the time you were late for payment under the agreement.Since I cannot see the agreement I think they likely had electronic authorization to take the funds form your account rather than a judgment and a levy through the courts.

But you can certainly change accounts and should do so.I would keep as little a possible here.I know you need a bank account, take out the balance and leave minimal amount in it to keep it functioning.Anything in the bank under your name is ***** ***** here would be an option.

Thanks again and the best to you.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating it is always much appreciated.

Customer: replied 1 year ago.
Sorry for the delay, had a bit of drama going on at home. I asked this question because I really need some recourse. Can you please answer one more question...can I request records from hospital from 26 years ago because I should have been listed as indigent, it was a miscarriage, I worked as a waitress, not sure if I had insurance. I have to get rid of this debt, $300 a year til I'm dead its crazy : (
Customer: replied 1 year ago.
Do I have to pay again for more assistance? I honestly don't know...add a tip?
Expert:  Ray replied 1 year ago.

You should make such a request in writing.You should be able to access the records since they pertain to your debt.Chapter 7 might be an option, bankruptcy would discharge the debt.

Customer: replied 1 year ago.
Thanks Ray! I'll see if I can get records from the hospital. Have a Good Day : )
Expert:  Ray replied 1 year ago.

You too and thanks again.If you can leave a positive rating it is always much appreciated.

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