I am 62 years old worked all of my life,
now retired, have had no insurance for the last 9 months, too young for medicare. In March 2009 I had emergency open heart surgery followed 1 1/2 months later with abdominal surgery w/ colostomy.
I have currently received 280,000.00 in medical bills, and I am paying 10.00 to each one. My question is can they take my car (2001 Toyota) ?
I live with my daughter. Can they try to take my car ?????
Also, I have applied to the hospital for help regarding having this colostomy reversed, first surgery was emergency, but to have it reversed they might consider as non-emergency (cannot afford the expense of the supplies each month). Is there any law regarding allowing the reversal of a surgery ??????
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1 Answer from Attorneys
I sympathize with your situation. Most bankruptcies are related to your very problem, and you may well consider it.
Your interest in a vehicle is exempt up to $1,000 of its value. This means that your vehicle cannot be taken to satisfy a judgment unless the value of the car, less all debts for which the vehicle is collateral, is greater than $1,000. If a judgment creditor or sheriff takes your vehicle under an execution and its value to you is $1,000 or less, you can apply to the court for recognition of your exemption and request the return of your vehicle. Your affidavit of exemption should be filed with the court and the sheriff. Of course, no one can take your car without first obtaining a judgment against you.
As to reversal of the colostomy, there are many medical reasons why this would be indicated, such as a high risk of infection. I would think that you could have this done without too many problems.