I am a full time student and am unemployed, I owe $14,000 and fully intend to pay this as soon as I'm done with school and have sent a letter to them stating my situation. But I just recieved the subpoena and I can't understand half the legal jargan they use, all I could get from it is that they know that I recieved the student loan and are threatening jail time for non payment. I don't know if I should get an attourney or just file bankruptcy. If I lose my student loan I can't finish school, I'm freaking out! help! thanks all
2007-08-15 13:54:28 · 14 answers · asked by lvgdedgrl 2 in Politics & Government ➔ Law & Ethics
I live in indiana and yes an officer from the county served me the papers, it says Motion in proceeding supplemental and subpeona duces tecum. Thanks so much for all the advice!
2007-08-15 17:41:08 · update #1
I'm a bit shocked that you received an actual subpoena - are you sure it's legal or is it just some collection agency trying to scare you? In either case, if you owe money it's your responsibility to work out a plan with the person/place your in debt with. You can't just decide you're going to pay it off... someday. If the subpoena is real, then consult an attorney.
2007-08-15 14:06:53 · answer #1 · answered by mJc 7 · 0⤊ 0⤋
No, they cannot give you jail time for an unpaid bill, but they can take you to court and demand payment and a judge can set an amount. Since you are not employed and only living on a student loan, I doubt they can take it since it is only a loan and not a source of income to garnish, such as a paycheck. I would send them what you can a month in the form of a money order and keep the stub from it. Even if all you can afford is $20 a month, it will show the judge that you are making an attempt to make a payment towards the money you owe if it ends up in court. If the place where you owe the medical bill refuses to accept your payment just because it is small, that can be used against them in court and they may end up with nothing. I would also contact an attorney if you can or call legal services just for advice.
2007-08-15 21:08:07 · answer #2 · answered by Dakota Lynn Takes Gun 6 · 0⤊ 0⤋
You received a subpoena from someone threatening to sue you? As summons is what is used to serve notice of suit on a party being sued. A subpoena is used to make a witness appear to testify either at trial, a hearing, or a deposition. Were you served by a process server or did you receive it in the mail? You are supposed to be served (in some form - the requirements for service vary by state).
They are threatening to jail you if you do not pay? That violates the U.s. Constitution - no lawyer should ever send such a demand.
It sounds like a collection agency just violated the Fair Debt Collections Act. Consult an attorney. You can find one at the link below.
I'm an attorney
2007-08-15 23:03:56 · answer #3 · answered by mcmufin 6 · 0⤊ 0⤋
Number one, you can't be jailed in the U.S. for a debt.
Take this so called subpoena to your local courthouse and ask a clerk to let you read the file on this case. I suspect that what you received is not really a subpoena. By checking the court file against the number on the subpoena will tell you a great deal.
BTW, was this "subpoena" served by a police officer/deputy? In most states these have to be served by law enforcement. Some states do allow private servers, and there are businesses that do just that. Or did this "subpoena" come by mail?
Sounds to me like this is an aggressive collection agency, nothing more.
2007-08-15 22:13:47 · answer #4 · answered by jonn449 6 · 0⤊ 0⤋
You didn't say where you are located but if its the US then you won't be going to jail over non-payment of a medical bill.
BTW, were you served or is this just some document claiming to be legally binding? Sounds like the typical lies of a collection agency.
I know what I would do.
1. Pay my tuition right now.
2. Write a letter to the source of the threat informing them that any further contact will be considered harassment. Get delivery with a signature and save it in case they keep bothering you.
2007-08-15 21:04:14 · answer #5 · answered by Anonymous · 1⤊ 0⤋
In most situations, the worst they can do is put an adverse notation on your credit report. If you call a debt counseling service, they can almost always intercede on your behalf and negotiate with the creditor (i.e., the hospital). If you refuse to pay, they can sue you in court in a debt collection action. However, if you retain an attorney and explain the situation, the judge may allow you to keep your student loan money. You should look into low-income legal services organizations that represent people in debt collection actions for free if they are below a certain income threshold.
2007-08-15 21:00:42 · answer #6 · answered by rd211 3 · 1⤊ 0⤋
I would seek legal council. I don't think they can do that. You can be jailed for failure to appear in court. But as far as garnishing a student loan I am almost positive they can't do that.
I wouldn't file bankruptcy. I would talk to a lawyer first. Most times hospitals get the owed money back as a tax write off.
2007-08-15 20:59:34 · answer #7 · answered by Anonymous · 2⤊ 1⤋
Hi There,
No , No and NO...........They cannot take your student loan , They are "Bully" want you to paid they want to scare you and they did........ You can ask for help graciously , You have in the States different organisms that look after those matters I do not know their name but try maybe legal Aid or look for a Society that arrange debs ! They will help and advice.. Good luck
2007-08-15 21:10:54 · answer #8 · answered by J/P 2 · 0⤊ 0⤋
You should move the United States where people don't go to jail for nonpayment of medical bills.
2007-08-15 21:27:05 · answer #9 · answered by open4one 7 · 0⤊ 0⤋
They are threatining you. A med bill cannot have you put in jail. Get a lawyer
2007-08-15 21:13:17 · answer #10 · answered by Bud W 5 · 0⤊ 0⤋