Legal Question in Credit and Debt Law in Georgia

Hello. My mother, the defendant is being sued by a medical practice $591.00. My mother was sent to this practice on the account of her having her fistula port placed in her left arm for dialysis. The surgery was not successful. It formed a blood clot, which the plaintiff removed. This was imperative that surgery that needed to be removed, so that her fistula in the right arm could be placed for her treatments. Before her Medicaid B was active, the plaintiff billed her the balance which of course my mother is on fixed income and paying this bill in anyway was not an option. She can't afford her special Renal diet for crying out loud Food Stamps, not to mention her living expenses. I have all my documentation of surgeries that led up to the plaintiff suing her. She, I have never experienced anything like this before. My mother health is declining and her blood pressure is increasing just worrying about this issue. Please help me better prepare her for this case.


Asked on 8/24/15, 7:04 pm

1 Answer from Attorneys

Why do you feel that your mother should not have to pay? I understand the necessity of surgery, but its not free unless the healthcare provider was offering charity services. Your mother owes the debt. If a judgment is entered against her, so be it. If she cannot pay she cannot pay. If your mother is in that bad health and if she is otherwise judgment proof, then what does she care? Creditor can sue all day long. The important thing is whether the creditor can collect. If the answer to that is that the creditor gets nothing, then your mother can focus on having as nice a life as possible in the time she has left.

There is no preparing for the case. Nothing to prepare for. If she got the treatment then she owes. What you can do is help to make your mother as judgment proof as possible. Is your mother on SS and this is her sole source of income? If so, then this cannot be touched so long as the funds are deposited solely into a bank account in her name and are not commingled with non-exempt funds belonging to another person or herself. What this means is no joint bank accounts with anybody. What else does yours mother own free and clear? Land? Cars? I assume your mother is too ill to work and if that is the case she does not need to worry about wage garnishment.

Also, this debt is small. While your mother may be on a fixed income, what about you? Are you able to settle this so your mother does not have to worry? Most creditors will settle for less than 100%. I don't know what that would be here, but I would try if you can spare the funds. Try starting at 50%. Just get any agreements in writing. The funds can come from you but do not obligate yourself - let any agreements be between your mother and the law firm or creditor.

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Answered on 8/25/15, 2:53 pm


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