If you have made a re-payment plan and are current in the payments, can a creditor still sue you anyway?

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If you have made a re-payment plan and are current in the payments, can a creditor still sue you anyway?

We owed a hospital bill and got a letter from an attorney saying they were suing us unless we made a payment plan. We agreed to pay $100 a month and have done so for the last 18 months. They then went to court and got a summary judgement against us, which they said they wouldn’t do if we paid the $100 every month. They then added 25% attorney fees and $600 court costs. Is this legal? It seems like we can never get this paid off.

Asked on November 2, 2011 under Bankruptcy Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The problem that you have written about is that you apparently had no written agreement with the accounts receivables department of the hospital memorializing the $100.00 per month payments that you were making on the debt.

What happened concerning the lawsuit against you with repect to the summary judgment order, attorneys fees and court costs was legal. I suggest that you contact the attorney representing the hospital to discuss the fact that you were making monthly payments as well as to discuss a written payment plan on a monthly basis to pay off the judgment against you.


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