Legal Question in Credit and Debt Law in Virginia

Medical Billing

After having surgery the hospital contacted me in regards to setting up a payment plan. They told me I had to pay at least $70 a month and pay off all my debt within a year. I was later told that the hospital cannot give me a minimum payment and cannot make me pay it off in a year. Is there a state or national law that states something about this? I am not able to afford the $70/month until I get back on my feet, so I am interested to see if I actually have to pay that much.


Asked on 1/13/05, 10:15 pm

2 Answers from Attorneys

John Sawyer Sawyer & Azarcon, P.C.

Re: Medical Billing

A creditor cannot force you to accept their repayment proposal. However, you cannot force them to accept your payment proposal.

If both parties do not agree to a repayment plan, the creditor will likely file suit, obtain a judgement and then garnish your wages or levy on your bank accounts or other assets.

If you cannot reach agreement with the creditor, you should immediately consult with an attorney, preferably a bankruptcy attorney.

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Answered on 1/14/05, 8:44 am
Jonathon Moseley Jonathon A. Moseley

Re: Medical Billing

There are no such rules in either direction to my knowledge, as those you suggest. However, it was not clear whether you have already signed any agreement. Obviously, a signed agreement would control and take precedence over general rules.

It also sounds like the creditor has not yet filed any lawsuit.

However, the incentive for you to enter into an installment payment plan is that the alternative will be a lawsuit in which the creditor can forcibly collect money from you.

And the creditor's incentive to enter into an installment plan is that it is less work.

If you cannot pay more than $70/month, you would be well-advised to PROVE it to the creditor. I have worked as a debt-collection attorney. When someone calls on the phone and says they can't afford to pay more, there is no way to know if they are telling the truth or not. And often they're not telling the truth. So telling them you can't pay more means absolutely nothing. If you can DOCUMENT to them how small your income is or how big your expenses are, they may decide it is not worth pursuing until you get back on your feet. But they're not going to simply believe a voice over the telephone.

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Answered on 1/14/05, 8:43 pm


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