Legal Question in Credit and Debt Law in Georgia
medical debt post bankruptcy
My husband and I went through a chapter 7 bankruptcy, which was discharged in May 2008. We affirmed our mortgage note, discharged medical and consumer debt. Now, we are getting collection notices for $980 from a collection agency that maintains that we owe the money for prescriptions that were paid after coverage was cancelled. We can't afford to pay. Is the collection agency obligated to work with us on a payment plan? Can we be sued in small claims court? Can a lien be placed on our property? Any advice? Thanks in advance. --Karen
2 Answers from Attorneys
Re: medical debt post bankruptcy
No, a collector/creditor is not "obligated" to accept a payment plan. That would make the original agreement to pay as agreed meaningless. They can sue and place a jusgment lien on the house. For that amount, most probably would not, but they could.
Re: medical debt post bankruptcy
You left out all the information necessary to answer you. If the debt occured before your bankruptcy and you properly listed it, presumably it was discharged and you should call your bankruptcy lawyer, as you may be able to sue the collector. If the debt was incurred after you filed, or if you failed to list it, you owe it. A collector is not obligated to work with you (although they can if they want), and they can, if they choose, sue you, and then attach your wages and bank account.
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