So, I'm getting sued - Tilted Forum Project Discussion Community

Anxst · 05-21-2008, 04:51 PM

I'm being sued for a medical debt (3800.00) that didn't even fix the issue for which I was being operated on. I had the surgery done, so I can understand that. I'm uninsured because I don't make much money. My family is just getting by, paying all the bills, and we don't spend money on much we don't need, except internet access.

So, at this time, I've been served a summons to court OR I can respond in writing to the plaintiff. What I'd like to do is offer to make payments, but I can't offer much more than 25.00 to 30.00 a month.

Does anyone have any idea what my options are here? I've lived a court free life so far...I've never even had a traffic ticket I had to appear for.

Any advice as to how to proceed would be appreciated.

robot_parade · 05-21-2008, 05:50 PM

Did you talk to the service provider/hospital before getting sued? Ideally you should've been able to work out a payment schedule with them before things got to this point...it might not be too late to negotiate a settlement. I don't know if a lawyer is really an option for you, especially since the cost of a lawyer is going to approach the cost of the debt you have. Failing a lawyer, I'd say the best thing to do is to show up to court prepared. Dress nice. Speak respectfully. Tell the judge you want to pay your debt (talking to the hospital first and trying to work things out would help here). Have all your facts in order - this is what I make, these are my expenses, this is my savings and assets, etc. State your case quickly and concisely.

I very much doubt the fact that the surgery didn't help will have any weight with the judge whatsoever, but it's possible I'm mistaken - this is one of the things a lawyer would help with.

Good luck.

kramus · 05-21-2008, 06:37 PM

Google for free or state-sponsored debt management counseling in your area. Here in Ontario there are various options offered to help folks who get behind in their payments. We have non-profit or government sponsored debt-counseling to avoid bankruptcy and pay creditors. I know people who have used it to great effect.
Nobody who is owed money wants to not get paid, so they are open to hearing about options if you genuinely look. You will find lots of for-hire organizations who will help for a fee, but I'd look for the free ones - your need is some negotiation and some assistance in how to get this taken care of, not more bills.
It isn't even worth mentioning to either the hospital or a counselor that you didn't have your complaint fixed by the surgery. That sounds like sour grapes, or somebody looking to justify not fulfilling their obligations.
Good luck.

Anxst · 05-21-2008, 07:27 PM

Yeah, good advice all around. My plan is to offer to make payments to them that I can afford. Hopefully they'll take it. I hadn't spoken with them before as they had shipped my debt to a debt collector, who was refusing to take any payments less than 175.00 a month. If I had 175.00 extra every month, I would have paid the debt by now.

dlish · 05-22-2008, 05:10 AM

dont let those debt collectors bully you around.

you may have a case if they never contacted you. but its best you talk to a pro-bono lawyer. theres been some good suggestions made here.

i dont think a judge will look badly upon you if you concede that you want to pay less than 175/month.

good luck and let us know how u go

BulletCatcher · 05-22-2008, 06:00 AM

Have you paid anything towards the debt? If so, have those payments been consistant? They may want you to pay more per month but if you have been paying on the debt consistantly, even $20 - $30 a month, the judge is going to look more favorably as they will recognize that you accept the debt and are making an attempt to pay.

This is by no means a guarantee the court won't order you to pay the additional amount but it has been my experience (I used to work in a social service office) that as long as you can show you have at least acted in good faith and have made a consistant attempt to pay down the debt the court will more than likely rule in your favor and keep it at a low minimum payment.

If you have made no attempt to pay though there really isn't much you can do now except try and get them to drop the case. What works best is to try and negotiate a one time settlement. Find someone to loan you some money and offer to pay a lump sum of $1500. You will still have a debt to pay to whoever loans you the money but it will be less and you will be in a better position to negotiate a low monthly payment with the new creditor.

Glory's Sun · 05-22-2008, 07:01 AM

Most hospitals will waive debts if you show your income/family status. It's not guaranteed or anything but it's worth a shot.

Also, if you're barely getting by, you should be able to get some sort of medicaid plan that should backpay some of your debt. check into it.

if all that fails, then yeah, offer to make payments. there are plenty of people who only push $20 or so a month towards their bills.. and most of the time that is sufficient. they'd rather have something than nothing.

thingstodo · 05-22-2008, 12:16 PM

Quote:

Originally Posted by guccilvr

Most hospitals will waive debts if you show your income/family status. It's not guaranteed or anything but it's worth a shot.

Also, if you're barely getting by, you should be able to get some sort of medicaid plan that should backpay some of your debt. check into it.

if all that fails, then yeah, offer to make payments. there are plenty of people who only push $20 or so a month towards their bills.. and most of the time that is sufficient. they'd rather have something than nothing.

It is now too late to work with the hospital as they have already sold the oblgation to a collections agency. And your credit has already been dinged so no more injury there. They may threaten to sue but it isn't really worth it to them to do that since it will cost more than the debt is worth and they don't know if they'll collect anything, much less additional costs. They should be willing to negotiate what you're able to pay and also renegotiate the amount you owe as well.

But get more advice and see what you can get pro-bono. Knowledge is power!!

MuadDib · 05-22-2008, 11:18 PM

Hire a lawyer, pronto! Pro bono is your friend.

MSD · 05-31-2008, 01:15 PM

You could take all the good advice people are giving, or, since you're in Wisconsin already, you could hop the border and hide out in Canada. You think a country with state-run healthcare is going to extradite someone who fled because he can't pay a hospital bill?

Hektore · 05-31-2008, 01:26 PM

My mother tells me that if you go to the public assistance office they will pay a single hospital bill of yours if you can prove that you can't afford to pay it. They had to use that option for me when I was much younger and required an emergency surgery, of course that was 20 years ago, but it still may be worth looking into.

05-21-2008, 04:51 PM	#1 (permalink)
Anxst Condensing fact from the vapor of nuance. Location: Madison, WI	So, I'm getting sued I'm being sued for a medical debt (3800.00) that didn't even fix the issue for which I was being operated on. I had the surgery done, so I can understand that. I'm uninsured because I don't make much money. My family is just getting by, paying all the bills, and we don't spend money on much we don't need, except internet access. So, at this time, I've been served a summons to court OR I can respond in writing to the plaintiff. What I'd like to do is offer to make payments, but I can't offer much more than 25.00 to 30.00 a month. Does anyone have any idea what my options are here? I've lived a court free life so far...I've never even had a traffic ticket I had to appear for. Any advice as to how to proceed would be appreciated. __________________ Don't mind me. I'm just releasing the insanity pressure from my headvalves.

05-21-2008, 06:37 PM	#3 (permalink)
kramus loving the curves Location: my Lady's manor	Google for free or state-sponsored debt management counseling in your area. Here in Ontario there are various options offered to help folks who get behind in their payments. We have non-profit or government sponsored debt-counseling to avoid bankruptcy and pay creditors. I know people who have used it to great effect. Nobody who is owed money wants to not get paid, so they are open to hearing about options if you genuinely look. You will find lots of for-hire organizations who will help for a fee, but I'd look for the free ones - your need is some negotiation and some assistance in how to get this taken care of, not more bills. It isn't even worth mentioning to either the hospital or a counselor that you didn't have your complaint fixed by the surgery. That sounds like sour grapes, or somebody looking to justify not fulfilling their obligations. Good luck. __________________ And now to disengage the clutch of the forebrain ... I'm going with this - if you like artwork visit http://markfineart.ca

05-21-2008, 07:27 PM	#4 (permalink)
Anxst Condensing fact from the vapor of nuance. Location: Madison, WI	Yeah, good advice all around. My plan is to offer to make payments to them that I can afford. Hopefully they'll take it. I hadn't spoken with them before as they had shipped my debt to a debt collector, who was refusing to take any payments less than 175.00 a month. If I had 175.00 extra every month, I would have paid the debt by now. __________________ Don't mind me. I'm just releasing the insanity pressure from my headvalves.

05-22-2008, 05:10 AM	#5 (permalink)
dlish Currently sour but formerly Dlishs Super Moderator Location: Australia/UAE	dont let those debt collectors bully you around. you may have a case if they never contacted you. but its best you talk to a pro-bono lawyer. theres been some good suggestions made here. i dont think a judge will look badly upon you if you concede that you want to pay less than 175/month. good luck and let us know how u go __________________ An injustice anywhere, is an injustice everywhere I always sign my facebook comments with ()()===========(}. Does that make me gay? - Filthy

05-22-2008, 11:18 PM	#9 (permalink)
MuadDib Psycho	Hire a lawyer, pronto! Pro bono is your friend. __________________ "The courts that first rode the warhorse of virtual representation into battle on the res judicata front invested their steed with near-magical properties." ~27 F.3d 751

05-21-2008, 05:50 PM	#2 (permalink)
robot_parade Junkie Location: San Antonio, TX	Did you talk to the service provider/hospital before getting sued? Ideally you should've been able to work out a payment schedule with them before things got to this point...it might not be too late to negotiate a settlement. I don't know if a lawyer is really an option for you, especially since the cost of a lawyer is going to approach the cost of the debt you have. Failing a lawyer, I'd say the best thing to do is to show up to court prepared. Dress nice. Speak respectfully. Tell the judge you want to pay your debt (talking to the hospital first and trying to work things out would help here). Have all your facts in order - this is what I make, these are my expenses, this is my savings and assets, etc. State your case quickly and concisely. I very much doubt the fact that the surgery didn't help will have any weight with the judge whatsoever, but it's possible I'm mistaken - this is one of the things a lawyer would help with. Good luck.

05-22-2008, 06:00 AM	#6 (permalink)
BulletCatcher Crazy Location: America's Outback	Have you paid anything towards the debt? If so, have those payments been consistant? They may want you to pay more per month but if you have been paying on the debt consistantly, even $20 - $30 a month, the judge is going to look more favorably as they will recognize that you accept the debt and are making an attempt to pay. This is by no means a guarantee the court won't order you to pay the additional amount but it has been my experience (I used to work in a social service office) that as long as you can show you have at least acted in good faith and have made a consistant attempt to pay down the debt the court will more than likely rule in your favor and keep it at a low minimum payment. If you have made no attempt to pay though there really isn't much you can do now except try and get them to drop the case. What works best is to try and negotiate a one time settlement. Find someone to loan you some money and offer to pay a lump sum of $1500. You will still have a debt to pay to whoever loans you the money but it will be less and you will be in a better position to negotiate a low monthly payment with the new creditor.

05-22-2008, 07:01 AM	#7 (permalink)
Glory's Sun Registered User	Most hospitals will waive debts if you show your income/family status. It's not guaranteed or anything but it's worth a shot. Also, if you're barely getting by, you should be able to get some sort of medicaid plan that should backpay some of your debt. check into it. if all that fails, then yeah, offer to make payments. there are plenty of people who only push $20 or so a month towards their bills.. and most of the time that is sufficient. they'd rather have something than nothing.

05-31-2008, 01:15 PM	#10 (permalink)
MSD The sky calls to us ... Super Moderator Location: CT	You could take all the good advice people are giving, or, since you're in Wisconsin already, you could hop the border and hide out in Canada. You think a country with state-run healthcare is going to extradite someone who fled because he can't pay a hospital bill?

05-31-2008, 01:26 PM	#11 (permalink)
Hektore Junkie Location: Greater Harrisburg Area	My mother tells me that if you go to the public assistance office they will pay a single hospital bill of yours if you can prove that you can't afford to pay it. They had to use that option for me when I was much younger and required an emergency surgery, of course that was 20 years ago, but it still may be worth looking into. __________________ The advantage law is the best law in rugby, because it lets you ignore all the others for the good of the game.