Legal Question in Consumer Law in California

lien on property for medical bills

I have about $60,000 in medical debt. My husband is the only person listed on the tittle of the house. The collection agency is threathing to put a lien on the property even if I'm not listed. Is this legal?


Asked on 9/27/07, 9:00 pm

1 Answer from Attorneys

Marcia S Wertenberger Marcia S. Wertenberger, Esq.

Re: lien on property for medical bills

A. they first need a judgment - no judgment - no lien - write down everything they say - many things are illegal and they may be violating the fair debt collection practices act. Do not be threatened by these bottom feeders.

B. if your property is community property your husband is liable for all debts incurred by you while you are married - consult an attorney to determine this. Even if a judgment is obtained courts are highly unlikely to order the sale of a primary home to pay a medical lien. The judgment would impair your credit and also would be paid when the home is sold or refinanced.

C. Stop talking to collection agencies - you do not need the harassment - do not give them any info - write a letter telling them not to call you send it certified mail return receipt and tell them you will pay "X" per month and then do it. It is unlikely they will sue if you keep paying but realize that if you pay you keep extending the statute of limitations for each payment made so it could go on forever. Also they may legally add interest.

D. consider filing for BK if this can not be paid for and you qualify - get a consultation with a BK lawyer ASAP

E. Mainly do not allow these leaches to harass you and don't try and hide assets to avoid paying.

F. GET MEDICAL INSURANCE - even the most basic plans that are cheap could have relieved you from a lot of this. Also look into county aid through the hospital to see if they can relieve you from this assuming you are truly indigent and can not pay.

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Answered on 10/01/07, 1:08 pm


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