What can be done to me to collect a claim against me in a civil action?

Question

I recieved a notification that a hospital is filing civil action against me for an unpaid bill. I owe the bill.My problem is I'm poor at the moment.My wife is the only one working now.My car is her means to get her to work.Once the court has made a judgement against me can they sieze my car or any money in our joint checking account even though I am the person being filed against?

this is in Pa

Thank you to all that posted.With the info posted I was able to call them and play hard ball and get the bill cut in half for full payment at the moment

Answer 1

Is there a way that you can send the hospital even $5 a month? If you can arrange a payment plan of any kind at all, and show you are willing to pay the bill, it should be fine. As you are able to pay more, do so. If you do that before the court date, the hospital would most likely cancel the court date or get a continuation. They don't want to take you to court any more than you want to go there. It costs more to do that than it would to accept a few bucks a month. Talk to them, explain your situation and go from there.

Answer 2

OK, like the rest of us poor folks, you should put your mind at rest. The law prevents creditors from seizing certain things the law believes are minimally necessary with which to live.

In most cases, one automobile (worth up to a certain amount) will be exempt from execution.

If I know hospitals, they had your wife sign as a guarantor on the the account when you were admitted, so they will probably sue the both of you.

Depending upon state laws, you may or may not be able to shield your money. Texas, for instance, prevents the garnishment of wages, but not bank accounts. You may want to go to a cash/money order system.

But before you take any action, I advise consulting with an attorney versed in creditor/debtor law. You can probably talk to one for a half hour for free through the pro bono program of your nearest bar association. Instead of laying out the whole story, get right to the "can they get my assets" questions.

One other strategy to go to. They are attracted by cost-cutting shortcuts. Once sued, call their attorney, and tell him you are willing to agree to the judgment as long as you can agree on payment terms that are included in the judgment. As long as you make the payments, you are abiding by the order, and they are obligated to do so, too. The downside is that if you miss payments, you are subject to a contempt citation. But if you can make the periodic payments, it's not bad to have the Court watching your back.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

Depends where you are.

Every country has it's own laws about what a creditor can, or can't, do to collect on a debt.

In some countries - the USA for example - the law even varies by what State you're in.

Richard

EDIT:

You're lucky. PA has greater protection for debtors than most States. If they go to court and get a judgement, they can't garnish your wages. They can garnish your bank accounts. They can seize personal assetts, but there are fairly high exemptions. One car is safe (unless it's VERY high valued), so are stuff like clothes, tools, work supplies, and equity in your home (if you own it) up to $50,000 for you and $50,000 for your wife.

Richard

Answer 4

If it is in YOUR name, and is NOT a true "joint tenancy," then yes they can seize it. Usually you can negotiate a payment plan. Just call and ask them about setting one up.