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

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?

Post Falls, ID -

Attorney Answers (2)

Paula Brown Sinclair

Paula Brown Sinclair

Bankruptcy Attorney - Twin Falls, ID
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.
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Kathryn Ursula Tokarska

Kathryn Ursula Tokarska

Debt Collection Attorney - San Diego, CA
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.

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