My husband is being sued by a urologists clinic over the $1800 bill accrued by his vasectomy. We expressed concern at the time that we didn't know if either Our regular insurance or his disability based Medicare would cover the bill. They brushed off our concerns at the time. And assured us good faith payments would keep us out of collections. We missed one month, my husband had been ill, and our check short. The next month we were in collections, and couldn't afford the payment plan offered. They are now sueing. My husband has End Stage Renal Disease, and is still the breadwinner of our household. We are even now trying to figure out how we would survive when he has to take 6 weeks off for a surgery. If they garnish his wages, his employer will use that as grounds for termination. He will be unemployed, and we will quickly end up on the streets. Other than this lawsuit his credit is good. Not great, but good. We've never been late for or missed a car payment, rent payment, or credit card payment. And as we pay down the car, his credit steadily improves. We've worked very hard at getting him decent credit, and want to avoid bankruptcy. Is there anything at all else we can do?
Generally state law protects a person from one garnishment. Your husband by himself or through a lawyer can defend the law suit and likely work out a repayment plan. I am assuming you do not have a lot of other debt to consider filing a Chapter 7.
Personal Injury Lawyer
It is very important that you contact an attorney regarding this matter. More information is needed to respond to your post. For example, in Nebraska (I assume the case is in Nebraska given you are asking from Omaha) there are certain exemptions to garnishment. You indicate that your husband has End Stage Renal Disease, if he is on disability, the entirety of his monthly payment is exempt, but can be garnished if the funds are mixed with non-exempt funds.
Many times a lawyer can help negotiate a lower monthly payment amount. If bankruptcy is your best option, I would suggest contacting a lawyer. If you cannot afford one, do not hesitate to contact Legal Aid.
Get a lawyer and fight the collections.
Most lawyers will give you a free consultation if you ask for one. We do this all the time, but remember that our time is valuable and you should stay with the people who help you the most.