Legal Question in Credit and Debt Law in Wisconsin

Medical Bills: My husband is on Social Security Disability due to mental disorders, and the doctors are not yet sure when or if he will work again. We have incurred large medical bills. The medical facilities have told me I must pay at least $200 per month on their payment plan (I have 3 of these stating that amount). If I tell them I can't pay that amount and I pay a lesser amount, can they sue me and garnish my wages or my husband's?


Asked on 4/23/14, 10:07 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, medical creditors can garnishee your wages at any time, once they have obtained a legal judgment against you after suing you. They can also seize assets and put liens against your home, and can sometimes even obtain an arrest warrant against you if the court feels that you are not cooperating with the creditors. Social security income is not easily garnishable (except for debts to federal agencies), but once it is in a bank account, it becomes fair game unless you properly protect yourself quickly via assistance from legal counsel. Your best protection is a bankruptcy filing, which will legally forgive all medical debts under chapter 7, or, if you are high income, forgive medical debt (as well as all other general unsecured debts) after you have paid whatever portion of your income remains after you have paid all monthly expenses, over whatever period of time the court decides is appropriate for your case. Talk to an experienced bankruptcy lawyer right away whenever you have anything to lose and are facing challenges from your creditors which you cannot handle. Once the bankruptcy is filed, your creditor agony usually ends immediately, since the higher powers of the federal court trump those of the WI State Court where you are being sued, and freezes all lawsuits.

Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications or further questions, but if you want me to do more you will need to make additional arrangements. See me on the web at www.jayknixonlaw.com, or view over fifteen years of my past answers at http://www.lawguru.com/answers/search/attorney/jknixon, as well as past AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers may contain attorney advertising materials.

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Answered on 4/26/14, 1:28 pm


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