Medical Bills

[nancy]

On a Yahoo group we are discussing medical bills. One of the members
who claimes to be VERY knowledgeable about this subject (also her
father) has posted the following:

______________________________________________________________________
"You cannot lose your house *unless* you declare bankruptcy, and there
is no reason whatsoever that you should do so for medical bills - in
fact, it would be a very bad idea.

As long as you continue to live in the house and pay the mortgage, your
house cannot be taken if hospitals sue you - simple fact, Federal law.

Moreover, they won't sue you. That's why you need the social services
department of whatever hospital you use - you go to them, make it clear
that you are unable to pay, and they will absorb the debt, and pass it
along to the state and federal government."
______________________________________________________________________

I've never heard of any such federal law & was wanting to know if anyone
else has. It seems to me that I have read on this group or perhaps
another BK group that people have been sued for medical bills & the
hospitals have been able to garnish wages, place liens on property, etc.

Nancy

 

[Brett Weiss]

This is completely wrong.

A hospital or other health care provider can sue you, get a
judgment, and sell your house to satisfy the judgment (unless
there would be a state law exempting your home, which very few
states have). There is no such federal law.

In fact, back when I did collection work for a hospital, I did
just that--got a judgment, and sold the house to satisfy the
bill.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
*****************************************************************

 

[John]

Wow, Brett. That's pretty brutal, man.

J.

 

[Brett Weiss]

That was my job...and is part of the reason why, when I started
my own practice instead of working for someone else, I began
handling consumer bankruptcies.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
*****************************************************************