Legal Question in Credit and Debt Law in Missouri

Hospital Bill being paid as agreed...threats

I have no health insurance and can't afford it either. I, unfortunately, had to go to the ER this year and racked up a big bill. The hospital gave me a plan that took away all debt except the first $300 and then 10% of the rest. They said pay $25 a month.

Before getting the final bill, I sent them $2.00, yeah I know not much but it'd all I had.

Then, in late September, I got the right bill and sent in the $25 on October 17th (when my husband was paid). I have another $25 set to go out Nov 28th from my bank.

I just got a letter, dated Nov 16th, saying that I have not paid anything and they want all $320 in 5 days or they will turn me over to collections or an attorney! I called the hospital and they said it was because I did not pay in Sept! They are refusing to budge. I told them I would keep sending money as always and they can do what ever they want. Can they turn me over to collections, and attorney, or sue me for $320 even if I am making the payments each month? What do I do?

Can they garnish my husband's wages for something he did not sign? I do not work. Can they tax tax refund?


Asked on 11/23/06, 2:22 pm

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Hospital Bill being paid as agreed...threats

Yes, they can turn this over to collections or hire an attorney to sue you. Most attorneys will not take a case this small. The hospital could sue you in small claims court without an attorney. Yes, your husband could be held liable for your medical expenses. After a Judgment is taken, the Judgment Creditor can file garnishments and collect their money. Your sending them partial payments does not prevent them from doing anything.

Read more
Answered on 11/23/06, 6:05 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Hospital Bill being paid as agreed...threats

They can turn you over for collections, but the real question is will they? My guess is that while they may turn it over, the result will be that the collector will continue to take the payments even if the hospital turns it over to them. Under a common law doctrine called the "law of necessaries" your husband could be joined in the lawsuit, but keep in mind that it would likely cost them $100 to file a lawsuit in the first place, and they'll probably continue to accept the payments. Keep sending them, and my guess is that the problem will go away. Also, send in extra whenever you can. This will demonstrate your good faith.

Good luck.

Read more
Answered on 11/27/06, 10:57 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Missouri