Legal Question in Credit and Debt Law in Tennessee
Medical Bills
I have alot of medical bills due to my daughter being sick when she was born. I contacted all of the providers and explained my situation. Most requested more money at the time than I could afford. I have been paying them every month.This afternoon I was contacted by a Collection Agency stating they were going to garnish my check. If I have been paying these bills and they have been accepting the payments, can they turn me over to collections and force me to pay the entire bill in full or garnish my wages? If they were accepting the payments I was making, I don't see how they can do that. Thanks for your advice, it is greatly appreciated.
1 Answer from Attorneys
Re: Medical Bills
It sounds like the collection agency has overplayed its authority. The agency cannot garnish your wages until they have sued you in court and obtained a garnishment order from a court. In fact, the collection agency may have violated your rights under the Fair Debt Collections Practices Act. You should learn about your rights under that act by searching for it on the Internet. Normally, if you are making regular payments, the creditor will not accelerate the debt and claim it is now due. However, all acceleration provisions depend on the wording of the contract you signed to pay your medical bills. You may be an excellent candidate for bankruptcy -- which would give you bargaining power against these medical creditors.
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