If I go to court will they give me a payment plan regarding an unpaid bill?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I go to court will they give me a payment plan regarding an unpaid bill?
I got summons today for an unpaid hospital bill. The number I called told me I had to go to court they wouldn’t do a payment plan over the phone, if I went through them I had to pay in full. I am just now back on my feet after 3 weeks out of surgery. Ive never been to court before and worried if they will take my car or what can they do? I don’t have the kind of money they want right now.
Asked on October 26, 2011 under Bankruptcy Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, a court will not give you a payment plan, if the creditor (the hospital) or its representative (e.g. a collections agency) won't voluntarily agree to one. A creditor owed money which is past due is under no legal obligation to accept a payment plan or schedule--it can insist on payment in full of all amounts due immediately. A judge can certainly try to mediate and suggest to a creditor to take a payment plan, but can't force them to.
If you sued are lose, and then still do not or cannot pay, in most states, the creditor could get a court order garnishing wages (i.e. having some of your income sent to it, though many forms of public benifits are exempt). They could also levy on a bank account (get money from your bank account), put a lien on real property, or potentially execute on (force the sale of) vehicles or other belongings, though there are usually some exemptions or limitations on their ability to do that, depending on the value of the asset and your state.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.