Legal Question in Credit and Debt Law in Florida

Hospital leins

hello. 3 months ago i had to go to the hospital for kidney stone pain. i have insurance, but didnt read the fine lines and am responsible for $7000.00 deductible.

unable to pay the hospital all at once, can i make payments on this amount, say $50.00 a month ? what is the cheapest i can pay per month legally ?

is there a way the hospital can put a lein on my house ?

if so, how does that work ? i dont plan on selling my home anytime in the near future, but when i do would they get their money when i sell ?

will the hospital be able to legally get records from my bank account ?

if you cant answer these questions, could you please forward it to someone who can ?

thank you very much for your help..leonard


Asked on 10/27/07, 6:47 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Hospital leins

I suggest you contact the hosptial to arrange a monthly payout before the start court proceedings.

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Answered on 10/27/07, 7:39 am
Michael Stewart Michael D. Stewart

Re: Hospital leins

negotiate with the hospital directly for monthly payments and you won't have to worry about a lien. Tell them what you can afford.

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Answered on 10/27/07, 8:03 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Hospital leins

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is not set minimum payment that must be made. Each hospital has its own rules and guidelines that they follow. You need to negotiate with the hospital business office to try and reach a payment plan that is acceptable to both parties. Most hospitals will accept any reasonable plan with the key word being reasonable. Then, as long as the payments are made on a regular basis, it will keep the matter out of collection which could seriously affect your credit history and score.

If it does become a collection matter, they will refer it to their attorneys who will add on collection costs and attorney's fees which could greatly increase the amount that is owed. If a judgment is obtained, they can record a certified copy of it in the public records of the county in which you live and it will serve as a lien against you for 10 years (and can be renewed for an additional 10 years). Your homestead is exempt from any liens, however, and will not be affected by this judgment. If you sell the home and immediately purchase another homestead, the monies cannot be attached either. Any monies you have in a bank account are fair game, however.

Scott R. Jay, Esq.

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Answered on 10/27/07, 11:09 am


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