Medical bill dispute. options?

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I was uninsured (by 10 days) and went into the hospital for 4 days 2 yrs ago. I received sub standard care and remained in pain, left and went to another doc that prescribed something and made my pain dissipate immediately. I have disputed this bill of $10,268.82 with the hospital to no avail and the only payments they would accept were of $800+/mo. I can't pay that. I don't qualify for assistance (i did at the time) and am now being threatened by a collection agency that they will ruin my excellent credit if I don't pay them 50% lump sum in the next 30 days and payment of $300+ monthly. If I just start making $100 payments per mo to the hospital, can my credit still be tarnished or a judgment put against me still happen?

Attorney Answers

3
Theodore Araujo ·
They can sue you for the remainder of the debt even if you forward partial payments to the hospital. Check your credit at annualcreditreport.com as the collection cmpany will report the debt even though the hospital did not. Failure to cure you is not a defense to the debt. Bankruptcy may be an option to rid yourself of this debt. The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.” PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT! You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something! Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer. I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you. Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3. Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is… When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully. Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away! Check out the guide I have drafted on the profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read! Good Luck! Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
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Andrew Myers ·
Unfortunately you do have a contractual obligation to pay the debt. The options are to swallow the terms they have propose, attempt a potential negotiation (the squeaky gear gets the grease, or potentially a bankruptcy. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
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Stuart Alan YoungBankruptcy AttorneyWest Palm Beach, FL ·
You have no protection if you make $100 monthly payments unless the collection agency is willing to accept that. They have every right to sue you and you have every right to discharge the debt in bankruptcy. Obviously, cooler heads can prevail though. Perhaps you can work out an amicable repayment arrangement but your collection company is not making things easy. IF they file suit against you, then you will meet with a court mediator which will try to talk some sense into that agency and you can work out a suitable repayment plan. The debt can be discharged in bankruptcy but if that is your only debt then the bankruptcy route seems a bit drastic at this point.
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