I owe medical bills and they have filed to sue me now. do they have the right to make the payment arrangements?

Asked over 2 years ago - Post Falls, ID

I talked with them to make arrangements but They want 800 a month for 4 months to pay it off and I offered 200 because I cant afford 800. will they sue me if i only pay 200 a month?

Attorney answers (2)

  1. Paula Brown Sinclair

    Contributor Level 20

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    Lawyers agree

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    Answered . A creditor has a legal right to be paid what is legitimately due. A creditor has the authority to agree to a payment arrangement, and the authority to decide what is acceptable. A debtor has certain rights, too, in that the actions a creditor can take to enforce payment are limited. Ultimately, a debtor can obtain discharge of the debt through bankruptcy. For that reason many creditors wisely accommodate a debtor's good faith attempt to pay and respect a debtor's limited ability. But it is the creditor that decides the terms, until the debtor plays the bankruptcy card. Yes, they can sue you if they want $800 per month and you only pay $200. With the judgment they can garnish wages and take non-exempt property.

    By the way, a medical creditor can also refuse to provide no further treatment on credit.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. Kathryn Ursula Tokarska

    Contributor Level 16

    1

    Lawyer agrees

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    Answered . If they sue, as other counsel pointed out they can go after non-exempt assets. As far as wage garnishment, the amount aken out of the wages is limited by your jurisdiction's wage garnishment limitations. It's possible, although I can't be certain due to lack of facts about your earnings, and knowledge about the legal limit of wage garnishment in your state, that the wage garnishment would take less than $800/month from your checks. If you do continue to make payments, even if they are less than $800, it's possible that although they creditor is saying they want $800, that they'll take less and as long as you continue to make the payment will not sue, but as other counsel stated they have a right to sue and have a right to determine for themselves how little they are willing to accept and not sue. If you make your $200/month payment, only time will tell how they will proceed.

Related Topics

Debt

There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

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