Legal Question in Credit and Debt Law in South Carolina
Magistrates Court Judgement
I owe a doctor $1300.00 for dental surgery. He did a shabby job and I am now faced with another 2500.00 or more to correct the problems. I have not been able to pay anything for the last 5 months due to added bills..my mother died and I was left will all her bills too, her estate did not have enough to pay off a home equity line. I am living in the house and paying all her bills along with mine. I have received a summons from Magistrates court about this debt. I only have a retirement fund and have asked for a loan on it to pay this bill. Will it be dismissed if the check comes within the next week and I go to pay it off? Will it affect my credit? I will even pay the court cost and have told this doctor that I intended to pay it as soon as I could, but I am a divorced mother who has a deadbeat dad and it takes all I make except for 285.00 a month. I also have to buy groceries and gas, pay house insurance and car insurance and doctor bills when we are sick. 285.00 a month won't stretch far. I wanted to take a debt consolidation loan out, will this judgement affect my ability to do so?
1 Answer from Attorneys
Re: Magistrates Court Judgement
Generally speaking, a judgment can certainly affect your credit rating. But if the doctor was negligent, you may have a cause of action that could at least offset the debt. In magistrate's court, the interest is generally in getting paid, not in obtaining a judgment. The court should permit you to enter a confession of judgment but you should definitely still attend the court date unless you are able to pay the debt prior to the date and the plaintiff contacts the court to terminate proceedings in a timely fashion.
I want to also warn you about debt consolidation loans. For consumers in financial distress, the terms can be very disadvantageous. Make sure you shop around, compare rates, and receive all disclosures to which you're entitled (and read them). The wrong loan can be much worse than no loan. Also, make certain you can live with the payment terms - and that you promptly use the proceeds to eliminate existing debt. Frequently, consumers get into trouble by not paying off the debt, or by racking it back up, leaving them in double trouble.
Another option is filing for Chapter 13 bankruptcy which will allow you far greater protection in formulating a payment plan, and will terminate all court proceedings (including the doctor's collection suit).
I can help you sort through these issues. Call my office at 843.283.4840 for a free telephone consultation and some additional educational material to help you decide your best course of action.
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