If I had been paying $100 a month on a balance balance to a doctor that my medical insurance did not cover, can he send the balance to a lawyer?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I had been paying $100 a month on a balance balance to a doctor that my medical insurance did not cover, can he send the balance to a lawyer?

I received a letter in the mail to pay the full balance due that I was paying $100 a month for a medical insurance balance. I cannot afford more then the $100 a month. They informed me that they will take me to court and I will have to pay court fee’s too. I want to pay the bill but cannot afford the full amount. I don’t know what to do.

Asked on February 19, 2012 under Bankruptcy Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, there is little you can do. A creditor--someone to whom you owe jmoney--is entitled to receive payment in full on any overdue debts. While the creditor is free to accept a payment plan or schedule from a debtor, he does not have to; therefore, even if you have been paying what you can, the creditor may sue you for the full remaining balance. And, if it is legitimate debt, he will presumably win; and winning in court, will obtain a judgment. If you do not pay the judgment, the creditor may then be able to take any of several actions, such as seeking to garnish wages, putting a lien on real property, executing on other assets of yours (e.g. having money taken from a bank account; having vehicles seized and sold; etc.). Therefore, if you can't work something out with the creditor, you do owe the money, and it is a significant amount, you may need to consider bankruptcy as an option (especially if you also have other debts); bankruptcy can be used to discharge, or eliminate (either entirely or mostly), most debts other than secured debts (like mortgages), DUI judgments, child support/alimony, and tax debts. It works particularly well on most health care or medical debts.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption