Legal Question in Consumer Law in Wisconsin

Small Claims Medical

Is it possible to pay whatever you can to a collection agency that has filed a small claims suit for a medical bill against you in small claims court to prevent going to court. This company says they have to be paid 50% of balance owed or they will have to follow through with the court date and get a judgement done, is that true?


Asked on 8/13/07, 6:04 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Is There a Right to Make Installment Payments on Small Medical Claims

Unless you have an installment agreement with a creditor, no creditor is compelled to accept installment payments at all--they can sue any time when you are unable to pay your entire balance when due. If a court is involved, however, there are ways to claim poverty allowances for living expenses and exemptions from seizure of money and property by creditors. Although bankruptcy courts most effectively protect these rights, it is possible for other courts to protect them as well if the rights are properly raised in a timely fashion. You therefore need to speak with a qualified creditor-debtor (bankruptcy) attorney as soon as possible.

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Answered on 8/13/07, 8:08 pm


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