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DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 784
Experience:  Attorney at Drake Law Firm PLC
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Un paid medical bills. being sued.....state of florida,

Customer Question

Un paid medical bills. being sued.....state of florida
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes...ether they don't take this kind of case or they are way too expensive...
JA: What advice did they give you?
Customer: their fees...350 an hour....If I could pay that kind of money...I wouldn't be have this problem in the first place.....
JA: OK. The Lawyer will need to help you with this. Is there anything else important you think the Lawyer should know?
Customer: Look I know we owe the money....the services were a must have or the wife would have died. We were on an easy payment plan...wife stopped paying because the pay check was low. I know not a good idea, I need to know what I should do. And what the court will do..
JA: OK. Got it. I'm sending you to a secure page on JustAnswer where you can place your fully refundable $5 deposit (plus $31 after the Lawyer responds). While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  DrakeLAW replied 1 year ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms. By continuing, you confirm that you understand and agree to these terms.

Have you considered filing bankruptcy?

Thank you for your question. It has been my pleasure to assist you and I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question. Finally, please be so kind as to promptly rate this answer so that it may be closed in the system. I wish you the best in your endeavors! -Rich

Customer: replied 1 year ago.
are you there?
Customer: replied 1 year ago.
no I have not....does that cover medical bills in florida?
Customer: replied 1 year ago.
Really that's your advice ? For $40 dollars!! I'm not an attorney and I thought of that.
Expert:  DrakeLAW replied 1 year ago.

Yes, bankruptcy covers medical bills. Perhaps the last paragraph above was misleading, I didn't mean to indicate there was no followup questions. So yes, bankruptcy covers medical bills. Or you can agree to a settlement with the creditor which you have already said you cannot afford. Or you can let them get a judgment and try to garnish someone's wages. Those are really the three options. Do you have other questions given this information?

Customer: replied 1 year ago.
I need to know what action they can take against us
Customer: replied 1 year ago.
sorry I didn't see your other wife doesn't can the garnish my wages...which are not very high?
Customer: replied 1 year ago.
Can they take property? Such as a house or land?
Expert:  DrakeLAW replied 1 year ago.

So right, all they can do is get a civil judgment against you. You cannot be arrested or go to jail. All they can try to do is get money from you by garnishing your wages or your bank accounts. They can find out where you work and where you bank by serving you with a "judgment debtor's exam" which means you need to show up and give them documents and answer their questions, but that is all. Once you go through that, if they even choose to do that, then all they can do is use that information to garnish. Yes they can garnish your wages. It is generally 25% of your net take-home pay but you can request a hardship and have that lowered to 10% or 15%. I doubt you have a defense to the medical bills claim so just let them get their judgment and see what they do. They might not even pursue you further.

Expert:  DrakeLAW replied 1 year ago.

Yes they can and I was going to ask about that to be sure. Do you own a home or land? If so, what is it worth and is there any mortgage on it? If so, how much is the mortgage?

Customer: replied 1 year ago.
The property has no mortgage. Worth about $80,000 (as I said wife's mom and dad bought it for her). We also have property in another state worth maybe $40,000 that we have tried to sell but have not been able to after 3 years of trying. We own our car 2006 Honda fit and a 1996 dodge pickup. Cash in the bank about 5 or 6 hundred.......I use the truck for a small home inspection company I just income from that yet.....I make about $1500.00 a month gross. Wife doesn't work.
Expert:  DrakeLAW replied 1 year ago.

Ok, then yes, the real property is a problem. Is the real property in Florida the place where you live or is it raw land?

Customer: replied 1 year ago.
We live on the property ....a house (modular) and 3 acres of land. The other property is in Pennsylvania.
Customer: replied 1 year ago.
still there?
Expert:  DrakeLAW replied 1 year ago.

Do you know if you live in a municipality or not? (Need these details to answer your question).

Customer: replied 1 year ago.
I am not sure. I don't think we are.
Expert:  DrakeLAW replied 1 year ago.

Alright, well if you are not in a municipality then you can claim the homestead exemption in Florida for that property you live on and the entire property is protected from creditors. The land in Penn is not protected and creditors could put a lien on it if they find out about it. You are entitled to exemptions of $1,000 in vehicles and I doubt any creditor will pursue those. They will likely just pursue wage or bank garnishment. You can exempt personal property up to $4,000 including bank funds but the money would be tied up while fighting over that. It would be best to keep minimal amounts in the bank accounts so long as the creditor is collecting.

Customer: replied 1 year ago.
One last question. Since we are not contesting that the money is owed, do I need to file a response? And I found out that we do fall under the homestead act.
Expert:  DrakeLAW replied 1 year ago.

No, that is what I was mentioned, if you do not dispute that the money is owed, just do nothing and let them get a default judgment. Great news about the homestead protection! Best of luck. Please kindly rate the response and I can close the question.