Legal Question in Consumer Law in Florida

garnishment for medical bills

I had a judgement placed against me several years ago for medical bills with a local hospital. I was contacted today and told they plan on garnishing my wages. Two bills total about $4,000 currently with this firm. Much more still outstanding with hospital. This however is only the tip of the iceburg. I have been in this hospital on the average of 1 or 2 times per year since 1995. I have CAD and have had at least 20 heart caths and am up to at least 11 stents, and double by pass. The dr. says he doesn't have my records past 2000. In adition I have hypertension, ulcers, sleep apnea, early macular degeneration, diabetes and a few other things that got along with these. I currently am taking about 34 pills per day of 16 medications. As you can see medical is an extreme cost to me. I work making about $17 per hour but live basically pay day to pay day. 64 yrs old and due to retire next year. Is there a possibility that this garnishment can be stopped.

Thanks


Asked on 4/17/09, 11:58 am

2 Answers from Attorneys

Raymond LaBella LaBella Law, P.L.

Re: garnishment for medical bills

You are in a position similar to many baby boomers right now. Too many doctors and not enough pay to go around.

First things first, lets talk garnishment. Under Florida law, Chapter 222.11 governs exemption from wage garnishment. Basically, it provides that if you provide 51% or more of the support of a minor child or dependant (disabled) adult then you are considered Head of Family and your wages are exempt from garnishment. If you do not meet this criteria, then your wages may be garnished up to the maximum allowed by federal law (which is usually 25% or your gross pay less taxes).

If you are getting several of these creditors lining up in the state court, then you should most likely consider Chapter 13 or Chapter 7 bankrutpcy. Although it won't help for your ongoing bills, it would at lease exstinguish your existing ones. Who knows, it may reduce some of the stress your under.

For more information about garnishment or bankruptcy, check out our website at www.LaBellaLaw.com.

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Answered on 4/17/09, 7:59 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: garnishment for medical bills

Possibly, but bankruptcy may be an option too, if this really is just the "tip of the iceberg." Sit down with a lawyer that can give you some hands on advice.

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Answered on 4/17/09, 12:39 pm


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