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  1. #1
    oliviajcable is offline Junior Member
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    Being sued because not able to pay "minimum" amount towards medical bill!

    I live in South Carolina but I went to the emergency room in Georgia.

    I went to the emergency room without insurance. I have paid off all of the other medical debt but am still paying the actual hospital bill.

    I set up a payment with the hospital but after changing jobs and not doing as well, I could not continue the minimum payment amount. So, it went to a debt collection agency who gave me a minimum payment double the minimum payment set by the hospital...of course, I could not pay their minimum either. So, it went to an attorney's office who is threatening to sue me and their minimum payment is too high for me to pay. I've explained it to everyone that I cannot pay that minimum amount.

    Pissed off, I sent in $1 payment and now the attorneys are sending it back.

    WHAT IS THE MINIMUM PAYMENT BY LAW...NOT SET BY THESE DEBT COLLECTORS? Please someone help me! What are my options because given my financial situation, I cannot please anyone in payments.
  2. #2
    seniorjudge is offline Senior Member
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    Quote Originally Posted by oliviajcable View Post
    ...
    WHAT IS THE MINIMUM PAYMENT BY LAW...NOT SET BY THESE DEBT COLLECTORS?
    ...


    Since you have defaulted on the loan, the minimum payment is 100% of the principal plus interest, court costs, and attorneys' fees.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    HomeGuru is offline Senior Member
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    Quote Originally Posted by oliviajcable View Post
    I live in South Carolina but I went to the emergency room in Georgia.

    I went to the emergency room without insurance. I have paid off all of the other medical debt but am still paying the actual hospital bill.

    I set up a payment with the hospital but after changing jobs and not doing as well, I could not continue the minimum payment amount. So, it went to a debt collection agency who gave me a minimum payment double the minimum payment set by the hospital...of course, I could not pay their minimum either. So, it went to an attorney's office who is threatening to sue me and their minimum payment is too high for me to pay. I've explained it to everyone that I cannot pay that minimum amount.

    Pissed off, I sent in $1 payment and now the attorneys are sending it back.

    WHAT IS THE MINIMUM PAYMENT BY LAW...NOT SET BY THESE DEBT COLLECTORS? Please someone help me! What are my options because given my financial situation, I cannot please anyone in payments.


    **A: there is no minimum payment by law. The creditor or their collection agent could agree ( but is not required to) to a mimimum payment. Remember that you agreed to pay the hospital pursuant to the agreement that you signed before treatment. And I am pretty sure that there was no payment plan on said agreement.
  4. #4
    xylene is offline Senior Member
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    Quote Originally Posted by oliviajcable View Post
    WHAT IS THE MINIMUM PAYMENT BY LAW...NOT SET BY THESE DEBT COLLECTORS? Please someone help me! What are my options because given my financial situation, I cannot please anyone in payments.
    Don't pay and you will be sued.

    They will get a judgment and then attach that to your wages as a garnishment and to any other assets to have.

    The degree to which you can be garnished and what can be attached to will depend on the law.
    Last edited by xylene; 08-12-2008 at 12:28 PM.
  5. #5
    HomeGuru is offline Senior Member
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    To seniorjudge

    My PM short list is so short no one is on it.
  6. #6
    seniorjudge is offline Senior Member
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    Quote Originally Posted by HomeGuru View Post
    To seniorjudge

    My PM short list is so short no one is on it.
    It's that short?
    There are two rules for success:

    (1) Never tell everything you know.
  7. #7
    seniorjudge is offline Senior Member
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    Quote Originally Posted by oliviajcable View Post
    I live in South Carolina but I went to the emergency room in Georgia.

    I went to the emergency room without insurance. I have paid off all of the other medical debt but am still paying the actual hospital bill.

    I set up a payment with the hospital but after changing jobs and not doing as well, I could not continue the minimum payment amount. So, it went to a debt collection agency who gave me a minimum payment double the minimum payment set by the hospital...of course, I could not pay their minimum either. So, it went to an attorney's office who is threatening to sue me and their minimum payment is too high for me to pay. I've explained it to everyone that I cannot pay that minimum amount.

    Pissed off, I sent in $1 payment and now the attorneys are sending it back.

    WHAT IS THE MINIMUM PAYMENT BY LAW...NOT SET BY THESE DEBT COLLECTORS? Please someone help me! What are my options because given my financial situation, I cannot please anyone in payments.
    If you have any further questions, post them here.

    The only issue the court will deal with is whether you owe the bill.

    Anything else is irrelevant.
    There are two rules for success:

    (1) Never tell everything you know.
  8. #8
    HomeGuru is offline Senior Member
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    Quote Originally Posted by seniorjudge View Post
    If you have any further questions, post them here.

    The only issue the court will deal with is whether you owe the bill.

    Anything else is irrelevant.
    **A: I am sure the court would be interested in why a $1 was paid.
  9. #9
    oliviajcable is offline Junior Member
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    Being Sued For Medical Bill

    In continuation of my question...

    I do understand that I owe 100% of the medical bill and plan on paying it but I could not continue paying the amount they set. I can pay at 1/4 of the "minimum" amount they are giving me now. All I want to know is...is that amount okay? Will it keep me from getting sued? Or could I pay less and still be okay as long as I'm paying something towards the bill? Not that I'm thinking about paying too much less but if times get any harder and have to pay a little less, will I be okay? I paid the $1 amount because I was so ticked off with the way the attorney's people talk to me. I shouldn't have done it but it's done now, they are sending it back and I'll send it what I can.

    I've never been in court before (except for 1 traffic ticket) but if I'm paying money towards the bill, would a judge be okay with that? Is the fact that I'm paying something keep me from getting sued?

    I'm getting great answers but I'm so confused about my options and am not understanding everything. My email is below if anyone is interested in helping me more - any help would be greatly appreciated. I just want to understand what I can do to help myself.
    Last edited by oliviajcable; 08-12-2008 at 12:53 PM.
  10. #10
    seniorjudge is offline Senior Member
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    Quote Originally Posted by oliviajcable View Post
    In continuation of my question...

    I do understand that I owe 100% of the medical bill and plan on paying it but I could not continue paying the amount they set. I can pay at 1/4 of the "minimum" amount they are giving me now. All I want to know is...is that amount okay? Will it keep me from getting sued? Or could I pay less and still be okay as long as I'm paying something towards the bill?

    I've never been in court before (except for 1 traffic ticket) but if I'm paying money towards the bill, would a judge be okay with that? Is the fact that I'm paying something keep me from getting sued?

    I'm getting great answers but I'm so confused about my options and am not understanding everything. My email is below if anyone is interested in helping me more - any help would be greatly appreciated. I just want to understand what I can do to help myself.
    Stop putting personal info in your e-mail.

    All your questions have already been answered.
    There are two rules for success:

    (1) Never tell everything you know.
  11. #11
    Zigner is offline Senior Member
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    Quote Originally Posted by oliviajcable View Post
    In continuation of my question...

    I do understand that I owe 100% of the medical bill and plan on paying it but I could not continue paying the amount they set. I can pay at 1/4 of the "minimum" amount they are giving me now. All I want to know is...is that amount okay? Will it keep me from getting sued? Or could I pay less and still be okay as long as I'm paying something towards the bill? Not that I'm thinking about paying too much less but if times get any harder and have to pay a little less, will I be okay? I paid the $1 amount because I was so ticked off with the way the attorney's people talk to me. I shouldn't have done it but it's done now, they are sending it back and I'll send it what I can.

    I've never been in court before (except for 1 traffic ticket) but if I'm paying money towards the bill, would a judge be okay with that? Is the fact that I'm paying something keep me from getting sued?

    I'm getting great answers but I'm so confused about my options and am not understanding everything. My email is below if anyone is interested in helping me more - any help would be greatly appreciated. I just want to understand what I can do to help myself.
    If you don't pay the full amount, you can be sued. It's really not rocket science.
  12. #12
    HomeGuru is offline Senior Member
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    Quote Originally Posted by oliviajcable View Post
    In continuation of my question...

    I do understand that I owe 100% of the medical bill and plan on paying it but I could not continue paying the amount they set. I can pay at 1/4 of the "minimum" amount they are giving me now. All I want to know is...is that amount okay?


    **A: yes, it is ok by me as long as your send the payment out today in a cashier's check.



    ##########
    Will it keep me from getting sued?


    **A: no. The only way to keep from getitng sued is to pay the 100%.

    ##########
    Or could I pay less and still be okay as long as I'm paying something towards the bill? Not that I'm thinking about paying too much less but if times get any harder and have to pay a little less, will I be okay?


    **A: no.

    #######
    I paid the $1 amount because I was so ticked off with the way the attorney's people talk to me. I shouldn't have done it but it's done now, they are sending it back and I'll send it what I can.

    I've never been in court before (except for 1 traffic ticket) but if I'm paying money towards the bill, would a judge be okay with that?


    **A: no.

    ####
    Is the fact that I'm paying something keep me from getting sued?

    **A: no.

    ########

    I'm getting great answers but I'm so confused about my options and am not understanding everything. My email is below if anyone is interested in helping me more - any help would be greatly appreciated. I just want to understand what I can do to help myself.

    **A: you can pay the bill.
  13. #13
    oliviajcable is offline Junior Member
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    Thank You Homeguru

    Thank you for following up so clearly with me. I know I may have had to have my hand held with those questions but I just did. Thank you.
  14. #14
    HomeGuru is offline Senior Member
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    Quote Originally Posted by oliviajcable View Post
    Thank you for following up so clearly with me. I know I may have had to have my hand held with those questions but I just did. Thank you.
    **A:no problem. Now please let go of my hand.
  15. #15
    TXPI is offline Junior Member
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    Get real legal advice!

    In most, if not all states, medical bills, especially for emergency care, are treated differently than consumer debt in that if you make a regular attempt at payment, no matter how small, you cannot be sued. We have family friends in the exact same position as you that have been paying $5 to $10 a month for nearly two decades. This was not the payment plan they agreed on but after becoming disabled and not being able to work it is all they can afford.

    Call or go online to your State Bar Association. Most have a lawyer referral service which allow you an initial consultation for a very nominal fee; in my state it's $20. Request an attorney familiar with consumer affairs. He/she can apprise you of the laws of your state. While there is some great information on this site, there is also a lot of uniformed/ bad information. This is too important for you to guess which it is you are getting.

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