Legal Question in Credit and Debt Law in New York

Re: Medical bills question

Depending on your current circumstances, you could do the following:

1) File for bankruptcy;

2) Negotiate a payment plan;

3) Negotiate a lump sum settlement;

4) Litigate against them raising any defenses you may have.

5) Make further inquiries into the Medicaid situation.

Whatever course of action you decide to take, it would be best to avoid having a judgment entered against you by contesting any and all claims.

Best of luck!

Re: Medical bills question

If you read Mr. Stern's answer you will probably have a good idea what to do next. The problem I have with his answer is that you indicate there is "pending judgment". Was judgment entered? When were you in the hospital? How long it has been since you incurred the charges may have alot to do with what you can still do about it. If the hospital dropped the insurance ball you may have recourse against them. You state you "were unemployed" are you still unemployed? Under the law, your assets are mostly protected from judgment enforcement, but the judgment creditor may still be able to garnish your salary or seize funds in a bank. Your fact summary does not discuss your assets so I can't really discuss what to do...Bankruptcy works if you have no assets that could be lost in that proceeding. (Again, most assets are protected--the bankruptcy court does not strip you naked of your assets...) that might be the best way to go simply because it stops them from taking ANY action to collect on their claim and it will discharge the obligation completely. That's quite a savings. If you have any additional questions, send me an email and I will do what I can to advise you. Good luck.