Legal Question in Credit and Debt Law in Utah

Hello my name is Morgan Woods I have a medical bill in collection for 6000 dollars... I've been making 300 payments a month of which they automatically take out... Now i'm falling behind on my other bills so I called them to ask if I could make lower payments... They told me no and that if I don't pay them the minimum of 300 then they will take me to court..... What are my real options???? Do they have a right to do that and to threaten me this way? I can't simply make more money then I get so how am I supposed to pay all of my bills if they aren't willing to work with me on this? and last what would happen if I simply refused paying 300 and Instead I paid them what I could afford around 150??? by law do I have to pay whatever amount they say I have to pay per month or am I in the right to pay them what i can afford without them charging me more fees and court costs?


Asked on 10/10/09, 3:58 pm

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

I'm assuming that since they haven't yet taken you to court, the payments you're currently making are voluntary. Your options are to simply begin making smaller payments to see if they will accept them; call their bluff and let them file a lawsuit to collect the amount owing; or, file bankruptcy. As long as your payments are voluntary, they can't dictate to you what the minimum payment should be. However, if you've previously entered into an agreement for repayment, they could sue you for breach of contract. In any event, if they sue you and get a judgment for the amount owing, they can collect the judgment by garnishing your wages or by executing on your assets.

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Answered on 10/21/09, 7:23 pm


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