Being sued for medical bills

[HerVoice]

What is the name of your state? Ohio

Last May, I went to the ER with symptoms of a heart attack. I was admitted to the hospital and was there for 5 days. There was a blockage in one of my arteries, and they put in a stent. The resulting bill was $53,000. I didn’t have health insurance at the time.
The hospital gave me paperwork to fill out to see if I was eligible for any kind of assistance. I wasn’t.

As the bills started coming in, I made small payments on them. Then in November, I was hit with another health issue. For those appointments, I had to pay upfront since I still didn’t have insurance. Each doctor appointment was anywhere from $345-$370. I didn’t make payments to the hospital during those few months, as I just didn’t have the money due to the other medical bills and medications I had to pay for.

In March, I got a letter from an attorney representing the hospital. The letter started with “We are a debt collector, attempting to collect a debt…” I immediately went out and got a money order and sent it in…with a letter stating my intent to pay, and an explanation of why I had missed several months of making payments. I have since made monthly payments on these bills. I never received anything from the attorneys office saying the payment amount wasn’t acceptable…in fact, I never heard anything else from them. Until last month, when all of the bills showed up on my credit report. I had always heard that if you are making the attempt to pay medical bills, that you can’t be turned into collections. Apparently, that’s not the case. Today, I got a notice from the court that the hospital is suing me for these bills. I have 28 days to respond.

What’s my best course of action? Since I have been making payments, will the judge attach my wages? Will he put a lien on my house?

 

[Zigner]

You may wish to consider bankruptcy.

 

[quincy]

What is the name of your state? Ohio

Last May, I went to the ER with symptoms of a heart attack. I was admitted to the hospital and was there for 5 days. There was a blockage in one of my arteries, and they put in a stent. The resulting bill was $53,000. I didn’t have health insurance at the time.
The hospital gave me paperwork to fill out to see if I was eligible for any kind of assistance. I wasn’t.

As the bills started coming in, I made small payments on them. Then in November, I was hit with another health issue. For those appointments, I had to pay upfront since I still didn’t have insurance. Each doctor appointment was anywhere from $345-$370. I didn’t make payments to the hospital during those few months, as I just didn’t have the money due to the other medical bills and medications I had to pay for.

In March, I got a letter from an attorney representing the hospital. The letter started with “We are a debt collector, attempting to collect a debt…” I immediately went out and got a money order and sent it in…with a letter stating my intent to pay, and an explanation of why I had missed several months of making payments. I have since made monthly payments on these bills. I never received anything from the attorneys office saying the payment amount wasn’t acceptable…in fact, I never heard anything else from them. Until last month, when all of the bills showed up on my credit report. I had always heard that if you are making the attempt to pay medical bills, that you can’t be turned into collections. Apparently, that’s not the case. Today, I got a notice from the court that the hospital is suing me for these bills. I have 28 days to respond.

What’s my best course of action? Since I have been making payments, will the judge attach my wages? Will he put a lien on my house?

I am sorry to hear of your health issues. How scary for you.

Are you a senior citizen? I ask because there potentially can be additional resources available to you based on age.

Here are links to information, with the last link to the Ohio Legal Help Organization where you could find some free or low cost legal assistance to help you handle the lawsuit.

https://www.consumerfinance.gov/about-us/blog/know-your-rights-and-protections-when-it-comes-to-medical-bills-and-collections/

https://www.ohioattorneygeneral.gov/FAQ/Debt-collection-FAQs

https://www.ohiolegalhelp.org

I agree with Zigner that bankruptcy can be an option to consider. Medical debt remains one of the leading reasons for bankruptcy filings.

We have as a member of this forum an Ohio attorney (Ohiogal). Although she is a family law attorney, she might be able to offer you some additional advice.

 

[zddoodah]

I had always heard that if you are making the attempt to pay medical bills, that you can’t be turned into collections. Apparently, that’s not the case.

Anyone who told you this doesn't know what he/she is talking about. There is zero basis in the law for this.

What’s my best course of action?

We know nothing about you and your financial situation, so we can't possibly assess what might be "best" for you. Sounds like you might be a candidate for bankruptcy. On the other hand, it might be the case that you should try and settle the lawsuit before your time to respond expires. In either case, consultation with a local attorney may be warranted.

Since I have been making payments, will the judge attach my wages?

The judge will not do that. However, if the creditor obtains a judgment against you, it will be able to enforce the judgment in whatever ways are permitted by your state's laws, and one of the most common ways of enforcing a judgment against an individual is wage garnishment (which Ohio law allows).

Will he put a lien on my house?

If your creditor obtains a judgment against you, it may use that judgment as a basis to record a lien against any real property you own in the state.

 

[HerVoice]

Thank you all for your responses. To answer some of your questions…I am not a senior citizen. I’m not wealthy by any means…but my bills are paid with a small positive balance in the checking account each month. No real savings to speak of…less than $1,000. My vehicle is paid off, but it’s 12 years old. I owe $186,000 on my home…I bought it 3 years ago.

 

[quincy]

Thank you all for your responses. To answer some of your questions…I am not a senior citizen. I’m not wealthy by any means…but my bills are paid with a small positive balance in the checking account each month. No real savings to speak of…less than $1,000. My vehicle is paid off, but it’s 12 years old. I owe $186,000 on my home…I bought it 3 years ago.

Thanks for answering our questions.

Because you mentioned wages, you could find a Chapter 13 bankruptcy is a reasonable option for you. With a Chapter 13, you are allowed to pay your debts off over time. Here is a link to some basic information on Chapter 13 bankruptcies:

https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics