I spent 1 night in the hospital. It cost me $5000. I have trying to pay what i can but in 2yrs its not quick enough. They are trying to sue me now. They wanted a specific amount per month. I have tried but due to some circumstances...i have fallen short. I dont know what to do. I am not eligible for a bankruptcy. I already did one & was discharged in November 2014. I can't pay that amount. The law firm has not responded back to me.
You can be sued, and you can defend the suit by hiring a lawyer. However, since you can't pay a nominal amount per month, you likely don't have the money to hire a lawyer, so a judgment will most likely be entered and if you have a job and a bank account, those funds can be garnished to satisfy the judgment. You may have exemptions and exclusions to debt collection, but you will need to know how to assert those or hire a lawyer to assert them for you. The long term solution to your problem is to take a good, long, hard look at your finances and what you can do to improve them. Examples include, get a job; get a second job; get a third job. This change of focus often involves taking a long, hard look at what you are doing with your life and making a conscious decision to change it.
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They can sue. If you have no income or assets there is nothing to collect. When you begin making money, you can arrange payments or file bankruptcy.
When you say, "trying to sue" do you mean that they have filed suit? I don't know how someone "tries" to sue, they either sue or they don't sue. If you are indigent they will not be able to collect the debt and you can file another bankruptcy on the first day after the 8th year since your last filing. You also do qualify for a Chapter 13 insofar as the period of time since your last discharge.
Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.
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