Medical Collection with lawyers calling

[bd247]

What is the name of your state? Minnesota

My girlfriend was at work 5.5 years ago at her job and they sent her to the hospital because they thought she was crazy. She was let out the next day but was left with a $5400 medical collection. They havent sent any notices in about a year and finally today she got a letter that stated they would garnish her wages in 10 days or more if she doesnt pay the balance in full or start making $200 payments. She cant afford to do either right now. I am wondering if they really can garnish her wages without having a judgement on her. They say they can do it all really fast. I did not think that medical bills could be garnished, can they?

 

[Ladynred]

Have they sued her ? Are you SURE there's no judgment ?? Best to call the courthouse ASAP and find out. The court clerk can tell you if there's any judgments against her.

Judgments do NOT happen 'really fast', regardless of what some collector told you, and they cannot garnish her wages UNLESS they have that judgment. Sounds like a typical turning of the screws by a collection agency !

Medical bills are no exception when it comes to a debt, they can sue to collect and if your state allows it, they CAN garnish wages once they have a judgment.

Didn't your GF have any medical insurance ???

At worst, the SOL on a debt of this kind is 6 years - and if this all happened 5-1/2 years ago, the the SOL is nearly up, which would explain the sudden pressure by the collectors. You'll need some exact dates to figure out when the SOL runs out.

 

[bd247]

She definately does not have a judgement against her, I looked at her credit report and she has never received a judgement although she has been threataned before. Do a lot of lawyers throw a judgement out there right before the SOL is up? She did not have medical insurance, and the problem is she worked for a large corporation that went bankrupt and out of business so there is no way to get them to pay. Thanks.

 

[Ladynred]

Don't count on the credit report to verify the existence of a judgment ! They don't always get picked up. To be 100% sure, call the courthouse and find out. If it turns out there is nothing, then the threat of garnishment is nothing but a threat - and could be an ILLEGAL threat at that if they don't intend to sue or can't sue.

It is not unusual for last-ditch lawsuits to be filed right near the end of the SOL period. That's why its important to nail down the dates. If they file a lawsuit even 1 day before the SOL runs out, they have you.