Legal Question in Credit and Debt Law in North Carolina

i run a medical office in North Carolina. we had a new patient come in and sign all of our paperwork and then did not pay for the visit. She stated that she would return later in the week and pay and she did not. Besides sending her a letter in the mail. What are my legal optioins for collecting this and can I have her arrested if necessary for this.


Asked on 8/23/11, 9:24 am

1 Answer from Attorneys

Have her arrested? For what? Unless you can prove that she deliberately came to your office for the sole purpose of getting medical care without paying, there is no crime that I can see. I would be surprised if the police wanted to mess with this as even if you went to them, they would more likely tell you its a "civil matter" unless she makes a habit of doing this to other doctors.

In case you were not aware, the economy has tanked. Real unemployment is close to 20%, not 10%. People can't afford to pay to eat or for their mortgage let alone medical care. I know that you are a doctor, not a bank, and you need to pay staff and your overhead. But the way we do healthcare in this country is outrageous. If someone needs treatment, the option should not be to forego food or a mortgage payment or get sick and die. I don't mean to be rude or nasty, but unless you have some evidence to the contrary, you should be somewhat more sympathetic to the woman. She obviously did not pay because she can't pay. The question is why.

In the future, either require medical insurance or get payment up front before treating a patient. But is that really why you went to medical school? To make sure that you got paid? I went to law school to help people and do justice and I finally get to do that. I don't make a lot as I don't charge $200 - $300 per hour like most lawyers, but I get immense satisfaction (which most lawyers don't have) in knowing that I help people solve their problems and I don't have to put up with the daily BS that most lawyers put up with in meaningless litigation or the courts.

What I would do is send her a letter via certified mail. Ask her to pay or make arrangements within 30 days. If she fails to respond, then sue her in small claims court (the limits are $5000 -I am assuming that she did not incur a bill for more than that and that she resides in North Carolina).

You will then get a judgment. The judgment is worth very little, as there is no wage garnishment in North Carolina. To execute (collect) on the judgment, you will need a lawyer as you first have to serve her with a notice of rights before you can levy on her bank account or other assets that are not exempt. On the bright side, the judgment goes on her credit report, is good for 10 years and earns interest at a rate of 8% so she will have to resolve this at some point if her circumstances improve and she wants to acquire assets.

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Answered on 8/23/11, 9:43 am


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