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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Taken to Court for Old Medical Bills

    My question involves collection proceedings in the State of: Arizona

    I was in a Car accident over 2 years ago; it was their fault but my attorney didnt protect the statue of limitations so their insurance wont pay for my medical.

    Now the collectors are saying they are going to take me and my new husband to court for the medical bills.

    I have tried to set up monthly payments with them but they are still saying they are taking me to court, apperently its too late for montly payments?

    Is there anything I can do? What will happen in court? Can I get sent to Jail?

    Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Taken to Court for Old Medical Bills

    No, you won't go to jail.

    If your husband was not your husband at the time of the debt, it is not his debt and he should not be a party to any suit.

    depending on the situation, you may have an action against your attorney for failing in his fiduciary duties to you. That would have to be reviewed to determine if there is actually any case to be made there.

    a creditor is not required to ever accept payments, even from day one. If they do not wish to accept payments, it is their prerogative.

    I have to presume you either didn't have any personal medical insurance either through your car policy or through work or some other source. If not, there really isn't much to do. If the debt is valid, it is likely they would win a judgment. Of course, that means they have a judgment. They still have to collect on that but having the judgment allows them to levy, garnish, and seize and non-exempt assets to satisfy that judgment.

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