Legal Question in Credit and Debt Law in Mississippi
Civil lawsuit against someone on disability to collect a medical debt
A person receives a monthly disability check due to a medical disability. This person has an unpaid medical bill with a doctor located in Mississippi. This person now lives in Texas. The debt was placed with a collection agency which is now threatening a civil lawsuit against this person. This person tried to contact the collection agency and discuss the fact that they were on disability and could not pay this debt. The operator at the collection agency kept demanding this person's bank institution's name. When this person asked why the agency needed this information, the operator hung up on her. Can a person on disability be sued for an unpaid medical bill? The bill is roughly $2000.00.
3 Answers from Attorneys
Re: Civil lawsuit against someone on disability to collect a medical debt
Sure, they can be sued. And judgment taken against them.
Collecting on the judgment, from someone that's essentially judgment-proof, is another matter altogether.
Re: Civil lawsuit against someone on disability to collect a medical debt
I agree with Mr. Bradie. Additionally, regarding the disability, is this person on SSI Medicaid? If so, you should send a copy of their Medicaid letter to the medical provider and the collection agency by certified mail. I don't know what the rules are, but I do know that to maintain the medicaid accounts, the provider agrees not to bill additional amounts to the patient. TCL
Re: Civil lawsuit against someone on disability to collect a medical debt
Your status as one on disability does not alleviate you from your societal responsibilities. You incurred a debt and are required to pay it. That the debt is with a doctor, or that you're on disability, is quite irrelevant in the mix. Because you have refused to pay a lawful debt, the doctor's office is well within their rights to call you about the debt, place you in collection, and sue you. Upon receiving a judgment against you, they may also avail themselves of available law to collect on the judgment by seizing funds and/or assets.