can your wages be garnished if you can,t pay the bill?

Question

i had rotator cuff surgery last year it didn,t work

Answer 1

yes they can...you sign papers in the hospital saying so before you have the surgery. No matter if it works or not they still did the surgery.

Answer 2

Most of the answers are on track. Much of this depends on where you live. The debt being owed and the possibility of malpractice are two different things. If you feel the medical care or treatment received was malpractice, thus causing the surgery to fail, then you may have an action against the providers. However, if it just didnt work, well thats why they call it the practice of medicine.
As far as your debt goes, to garnish your wages, you have to live in a state that allows wage garnishment for civil debts and the creditor must have obtained a judgment against you. Since you didnt mention court or being served, I am wondering if you have a judgment. If there is not a judgment against you, I would suggest setting up a payment plan.
If you think it is malpractice, please contact an attorney very soon, as the Statute of Limitations vary widely from state to state and since this happened a year ago, your time may be running out.

Answer 3

That depends on what state you live in. In some states, such as Pennsylvania, your wages cannot be garnished for anything other than child support.

You can be sued, and if the plaintiffs get a judgment, they could garnish your bank account, get a writ of execution and seize any personal property you may own and have it sold at a court-authorized judicial sale. Typically a judgment will not apply to any property you own jointly with another person, so any joint accounts you own with a person who was not legally liable for your medical care or who did not guarantee payment for the procedure would not be subject to garnishment.

You can often negotiate a schedule of payments with a hospital or surgeon, or enter into an agreement where they may agree to accept a lower amount in order to settle this debt. Hospitals and health care providers want to see you work out something special so that you do not go into a Chapter 13 bankruptcy.

Answer 4

This is why you should never ever sign anything! Any document they force you to sign means the signature is meaningless because it was done under duress! In NY if they garnish your wages they can only take so much, they must leave the major portion for living expenses! Ask an attorney to initiate legal action against those that are garnishing your wages and request a stop,and sue them for harassment! Once more, never ever sign any thing because it will protect you in future events!

Answer 5

Yes, I think every state allows wages to be garnished. I was off on sick leave for 3 months and had gotten behind on my bills. I communicated with them that I would catch up as soon as I returned to work.But, my first pay check back to work, the gas company had garnished $25 a week out of my pay. The thing that irked me is I was never notified in advance this was taking place. It was a good thing that all my bills didn't garnish my check, or I wouldn't have had any money!

Answer 6

Yes, "Bottleblonde"s answer sums it up well. The type of surgery you have had often does not work, I've had 2 and my shoulder is ruined, in any event the bill is still owed and the best bet is to work out a payment plan with the hospital and surgeon. Also be aware that this could ruin your credit rating if it hasn't already, so try and work something out, Good Luck.

Answer 7

In the USA, if someone feels you owe them money and are not paying, they can file civil suit against you demanding their payment. If the suit carries against you, the filers may then be able to file a request for garnishment against you, AND, if they know where you work, present it to your employer to initiate garnishment for payment. "Most" such orders require that you be allowed a "living" wage remaining, and if you can demonstrate that you MUST spend "X", such as food and shelter, transportation requirements for employment, and so on, the garnishment can be limited to what is left, which may not be much. And of course, to succeed in the original lawsuit, they must be able to prove your notification of the suit before they can win, if you do not appear.

Answer 8

Yes, but the the party you owe money to would have to sue in Court and win a Judgment first, and they can also request attorney fees and expense, Court costs and a reasonable interest rate be built into the Judgment. They then would go after assets and seek to have your wages garnished.

If you can, it is much better to try to work with the hospital or other medical healthcare provider you owe money to and see about coming up with a repayment plan and sticking to it (they usually have you fill out a ton of paper work and you have to provide proof of what you make, expenses, etc. and they will tell you the minimum monthly payment amount they are willing to accept).

Answer 9

If the creditor wins a judgment against you in court for the debt, they can then file a special form that's served upon your employer to garnish your wages (if your state law allows it).

If you feel that medical malpractice was committed, your obligation to pay the bill isn't relieved. You can, however, consult with a medical malpractice attorney.

Answer 10

Iy you live in a state that allows garnishment, then yes they can garnish your wages. It varies by state law.