Legal Question in Credit and Debt Law in Wisconsin
I have been making Medical payments
for about 4 years to 4 different companies. They have all been turned over to collections, and now one Dr's office has taken me to court and is about to garnish my wages even though I make payments every month. How can this be legal for them to do this when I make payments every month?
1 Answer from Attorneys
Medical Bills in Collection--Installment Payments
Unless you have a written installment contract with a creditor, that creditor can always sue you for the entire amount due. Although many creditors will refrain from litigation while you are making reasonable payments, they are generally not required to do so. They can sue you in order to obtain a legal judgment and also can obtain the court�s assistance in seizing certain property you own in order to repay the debt. This includes garnishment of wages and bank accounts, sale of real estate and personal property, and even arrest if you fail to cooperate with the process. You, however, also have legal rights which can avoid unreasonable collection attempts, but you must assert them in order to protect yourself--they are not automatic. You owe it to yourself to at least discuss this issue with an attorney experienced in bankruptcy matters. Additionally, if you end up in the type of bankruptcy which requires installment payments (chapter 13 as opposed to chapter 7), you can ask the court to not to force you to pay any creditor who refused a reasonable settlement offer. Short of bankruptcy, there are also exemption laws protecting certain property which can be asserted with the assistance of an attorney