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Hospital Bill Judgement

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Rossie83

Member
What is the name of your state?KY
I am all over this forum with money issues. So, I am in a chapter 13 until June of 2022. Which is actually an accomplishment since most people don't complete those things. But with COVID I was unemployed and got behind a little and paid my Trustee but dealt with my issues and those are over. However, some hospital that I did go to sent me a civil summons for 575 dollars and I owe it so I let them get a judgement. I mean, why fight it....I KNOW I owe it.

So, I have a bank account, But I don't work now. I worked to pay off my friend I owed some money to and then quit. The 20 day period was up 2 days ago. In the past I had a good job and let Discover card garnish my wages after they sued me and before my bankruptcy (I tried to NOT take bankruptcy until it was the only option). Anyway, I have savings in a checking account. And I want to know if these people can get my money? Because I am going to the bank and pulling all of my money out and just telling them they can settle on a payment plan each month or when I am no longer in a chapter 13 I can easily pay them off in one sweep. They are aware of my 13 and of course it is post petition debt and are aware the Trustee comes first and they give people very limited discretionary income.

So....do they garnish the bank accounts often? De they do it if the person has no job? To make it clear, I am trying to get a disability for my medical problems, and I have been speaking with lawyers and my doctors. So, my Mom is my main source of income, which is fine as I am an only child and will get everything anyway so she does not mind. Thankfully, this hospital is the ONLY person I owe money to because I wanted to be debt free after my chapter 13. In order to get a disability I can't work for six months prior to filing. So my recent job reset that. My family attorney, who does not do disability said I should just not work and stay with my mother for the 6 months and be happy I had that option. I know I feel like a deadbeat saying that but my attorney shrugged and said the system is set up against me, so I have to play their game.
 
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adjusterjack

Senior Member
do they garnish the bank accounts often? De they do it if the person has no job?
The hospital went through the cost and effort to sue you and get a judgment for $575. The judgment creditor cares only that there is money in the account. As long as it's not exempt money (i.e. disability payments) it's fair game whether you have a job or not.

I am going to the bank and pulling all of my money out
Good idea. A bank levy can happen at any time.

You can pay your bills with money orders.
 

Rossie83

Member
The hospital went through the cost and effort to sue you and get a judgment for $575. The judgment creditor cares only that there is money in the account. As long as it's not exempt money (i.e. disability payments) it's fair game whether you have a job or not.



Good idea. A bank levy can happen at any time.

You can pay your bills with money orders.
Yeah, I know, once it hits my bank it's not protected. And yeah 500 dollars, they must be really desperate. If they do levy the bank, I'll just deposit a little at a time and that will be my "payment plan". Because, I have bigger fish to fry that a 500 dollar hospital bill from two years ago when the hospital is doing just fine, financially.

I don't really have any bills except for health insurance and a phone. I'll just pay my Mom and she can pay them for me.
 
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Rossie83

Member
It is a pittance...isn't it?
It's a shame that you are so disinclined to pay what you owe.
On hosipital bills, yes but this strikes at the heart of the matter of the healthcare system in this nation and the fact that most still struggle to pay for healthcare and hospital bills and the politics of it is that I firmly believe we need universal healthcare. But it's not free, and no, I do not take pity on a hospital. They have plenty of money, but no worries, I will pay them, 500 is a tiny amount to sue for, though. Maybe we will move closer to universal healthcare in the next four years and the people who owe hundreds of thousands of dollars won't be killing themselves over hospital debt that they can never repay because they needed a new liver. It's not really the measly 500 dollars, it is the fact that hospitals sue people and take their homes so, it's either die or lose your home...hard choice for a lot. And I quite frankly, really don't like helping people who do that to people who happen to just, get sick.

Also, I'll just add I am a low life dead beat who goes about ripping off hospitals. We all have our transgressions.
 
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Rossie83

Member
With the above said, are lawyers allowed to collect 20% on the court costs or just the 500.00 owed to the original "creditor" hospital, whoever. If they are awarded 20% in attorney's fees in the amount collected that could be the total amount collected which includes court costs and interest OR the amount "Collected" for their client. I cannot seem to find any information online other than an attorney cannot collect in fees more than 20%.

Someone who isn't a snarky person who thinks every person who gets sued for a hospital bill is a low life, of all things, can answer it, if they like, or I can keep looking.
 

doucar

Junior Member
If it was in the contract, paperwork, you signed with the hospital, it will be added to the 500. If not in the contract, they will be paid from whatever the hospital collects, or what they have negotiated with the hospital.
 

Rossie83

Member
If it was in the contract, paperwork, you signed with the hospital, it will be added to the 500. If not in the contract, they will be paid from whatever the hospital collects, or what they have negotiated with the hospital.
Never mind. I found the answer to my question. Yes the 20% the lawyer is charging ME is also on the filing fees and process server fees. I agreed to the interest when I went to the ER, I have the paper. They said I owed 9 hundred something. When I added it all up plus 6% per annum plus 20% it came up to about 900 some dollars. I just need to find out what "Other court fees" could be if I am paying the agreed judgement on time. I already paid my first payment on time before even signing the thing. I don't want any surprises. When my HOA sued me they included the total amount when we agreed out of court. Well, at least they have taken it off the active docket which shows some level of keeping their word and how nice they sent me an envelope pre postage paid.

To whoever thinks that people who don't pay or can't pay a hospital bill is just some dead beat it's just talk, there's no way to know every person's situation and hospitals are sue happy. Nobody asks to be sick. And it is not my fault I did not receive a bill because the hospital is not in my region and I travel, who knows, my kid could have thought it was junk mail. No excuse but it's a reason. Plus I'm in a chapter 13, the fact I am giving them a dime of my money they should be grateful as they acknowledged on the phone they likely didn't think they could get ANYTHING from me. But, I don't want the hassle. People rack up hundreds of thousands in hospital bills, that's why our system is broken, and some even kill themselves when they can't pay, which is not a solution when you can easily declare bankruptcy. Unless you have already declared it and you are in that waiting period after discharge. That's why you plan ahead and make sure all of your assets are protected, bank accounts NOT shared by spouses, pull your money out as soon as you get a summons, make sure your property is exempted, and you put all non exempt land in an irrevocable trust as soon as you buy it. Not because you expect to be sued, but because we could all be sued at any moment for any reason including your dog pooping in your neighbors yard.
 
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quincy

Senior Member
Never mind. I found the answer to my question. Yes the 20% the lawyer is charging ME is also on the filing fees and process server fees. I agreed to the interest when I went to the ER, I have the paper. They said I owed 9 hundred something. When I added it all up plus 6% per annum plus 20% it came up to about 900 some dollars. I just need to find out what "Other court fees" could be if I am paying the agreed judgement on time. I already paid my first payment on time before even signing the thing. I don't want any surprises. When my HOA sued me they included the total amount when we agreed out of court. Well, at least they have taken it off the active docket which shows some level of keeping their word and how nice they sent me an envelope pre postage paid.

To whoever thinks that people who don't pay or can't pay a hospital bill is just some dead beat it's just talk, there's no way to know every person's situation and hospitals are sue happy. Nobody asks to be sick. And it is not my fault I did not receive a bill because the hospital is not in my region and I travel, who knows, my kid could have thought it was junk mail. No excuse but it's a reason. Plus I'm in a chapter 13, the fact I am giving them a dime of my money they should be grateful as they acknowledged on the phone they likely didn't think they could get ANYTHING from me. But, I don't want the hassle. People rack up hundreds of thousands in hospital bills, that's why our system is broken, and some even kill themselves when they can't pay, which is not a solution when you can easily declare bankruptcy. Unless you have already declared it and you are in that waiting period after discharge. That's why you plan ahead and make sure all of your assets are protected, bank accounts NOT shared by spouses, pull your money out as soon as you get a summons, make sure your property is exempted, and you put all non exempt land in an irrevocable trust as soon as you buy it. Not because you expect to be sued, but because we could all be sued at any moment for any reason including your dog pooping in your neighbors yard.
Medical debt remains one of the biggest reasons why people file for bankruptcy.
 

Rossie83

Member
Medical debt remains one of the biggest reasons why people file for bankruptcy.
I am in a chapter 13 bankruptcy so I cannot file bankruptcy on this one. I have to pay it, it is post - petition debt. I am paying 100% of the debt, and I have no doubt I will pay it off, the issue is that the Agreed Judgement does not say exactly how much I owe. Unless I am to do the math myself. And that concerns me.
It says: "Plaintiff shall have judgement against the defendant for $570.91, plus court costs in the amount of $188.50, plus any additional court cost incurred in the execution of the judgement, with interest at the rate of 6% per annum until paid, in addition to the attorney's fees in the amount of 20% of the amount collected.".

On the phone they told me a total of around a little over $900 total but it was under $1,000.00.

I have a letter from the attorney that states the exact wording above EXCEPT it does not tell me what my total owed is. It is correct in stating that I agreed to pay $200 on November 5th and then $150 on December 1st and $150 on the 1st of every month or sooner until paid in full.


Well, I have no idea what "Paid in full" is on paper. If I go by the civil summons stating I owe $570.91 and their court costs of $188.50 I get a total of $759.41. The 6% interest is on the hospital form I signed at the ER IF the account has to go to collections so I don't dispute that, and I know in my state an attorney can recover up to 20 - 25% for their services. I get that they need to be paid for their service and that it is me who has to pay them. So, when I add that up I get $2.85 per month at 6% interest on the outstanding hospital bill of $570.91. If I take $759.41 and take 20% of that I get $151.88. So, ballpark estimate of what I "owe" is $570.91 + 188.50 + $151.88 I get $911.29. I did not count the 6% per annum because honestly, 2 dollars and 85 cents per month is not my biggest concern.

My concern is they did not put in writing how much I owe UNLESS I just did the math and what I owe is all there in section 2 of my agreed judgement and they don't HAVE to give me a concrete number plus the 6% interest would still accrue monthly until paid in full. So there really is no "concrete" amount I owe. However, I am concerned if I sign this then the statement "plus any additional court cost incurred in the execution of the judgement" is vague. What additional court costs? At this point I have asked they said there are no additional court costs. Once I sign this they are going to take it off of the active docket without prejudice.

I would assume I will be tasked with filing a satisfaction of judgement with the court if they do not, and since I am not sure what I really owe I am leery they may try to sneak something else in, although, I cannot find any other wording that would allow them to, legally, but at least one person has stated this firm sent them a letter their balance was paid and a few years later said they still owed $700. Considering I was hung up on twice by the secretary when I called to ask for a payment plan after I just said, "I am under a chapter 13 bankruptcy so I will need a payment plan as I do not have a lot of disposable income or a job" I don't know what to think about them.

Since it is 100% payoff I am already paying court costs and I don't put any money into my bank account, and I have no job nor do I own any assets that can be sold nor do I plan to sell anything, I could just let them get a judgement since am letting them have one anyway, and just continue to pay them whatever I want monthly. They are going to attach a lien on any property they can even with the agreed judgement so really, I could be signing myself into a trap. And I would be better protected by letting the court obtain judgement against me as I honestly feel safer letting the Judge decide. I was sued once by Discover and I let them win and all they did was garnish some wages until it was paid.
 

Rossie83

Member
I think I am not going to agree, as I gain nothing by agreeing and I can pay off the debt. And by allowing the court to decide, it is some protection for me, as I am not striking any deal, and what I owe will be pretty much concrete at the time a Judge rules on it.

They cannot deny payment from me. They cannot prevent me from paying it off and NOTHING in the summons is out of the ordinary.
 

quincy

Senior Member
Ask for a payoff figure.

I will assume you did not quote the letter verbatim. The word “judgment” without an “e” is standard form in the U.S. Judgement spelled with an “e” is British English.
 
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Rossie83

Member
Ask for a payoff figure.

(I will assume you did not quote the letter verbatim - the word “judgment” is misspelled)
Typo, it happens. It says Judgement. Not that a typo matters here.

A payoff figure may not be likely. But I can ask. They are kind of sharky, but none the less, I have nothing to lose. Can't squeeze blood from a turnip and they realize they can't get a thing from me even if they obtain a judgement for a LONG time. The letter says judgement lol. Geez. Maybe the old lady who hung up on me typed it.
 

quincy

Senior Member
Typo, it happens. It says Judgement. Not that a typo matters here.

A payoff figure may not be likely. But I can ask. They are kind of sharky, but none the less, I have nothing to lose. Can't squeeze blood from a turnip and they realize they can't get a thing from me even if they obtain a judgement for a LONG time.
Some debt collectors have amazing patience. They will wait with judgment in hand until you have assets and/or income.

Good luck.
 

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