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    caroline's Avatar
    caroline Posts: 1, Reputation: 1
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    #1

    Nov 4, 2005, 06:58 PM
    Garnishment of bank account for payment of medical bill
    A creditor has won a judgement against me in court for a past due medical bill, and my checking account was garnished and consequently overdrawn.
    The debt was not completely discharged.

    I have just filed for SS disability, and have no income and don't expect to have any soon. My family has been helping me with what they can, enough to cover rent, and I'm now receiving food stamps.

    Now the same creditor has sought a bank attachment hearing. I don't understand what they hope to gain... and I'm terrified because I don't know what's going to happen as a result of their action.

    I'd pay them, of course, if I could. I wasn't diagnosed correctly for years and haven't been able to work full-time.

    My question is... what actions may be taken against me when this hearing takes place? Do I need to borrow more money to get a lawyer?

    Thanks... C.B
    talaniman's Avatar
    talaniman Posts: 53,881, Reputation: 10852
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    #2

    Nov 11, 2005, 07:12 PM
    Medical bill blues
    In my experience calling a creditor and cutting a deal will keep the garnishment dogs away. All they want is their money and most judges will agreee with them.Consult with a lawyer(mo' money) about bankruptcy or get on the internet and contact "chuck hibbs", or you can lose the bank account and find alternatives that can protect your money.your disability check can be sent to you and you do wharever with it.A lawyer can tell you if your disability check can be garnished,if not adios bank account. Check all your options first.. Call the creditor to see if he is willing to deal because the judge always sides with him if you owe them.Medical bills can kick anybodies butt especially us poor folks so good luck.
    letmeno's Avatar
    letmeno Posts: 215, Reputation: 23
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    #3

    Nov 11, 2005, 07:27 PM
    The very same thing happened to me. I did end up losing my account because my payroll had always been direct deposit so my bank paid any outstanding checks and all electronic debits. Each debit was a whopping 20 bucks. The same week my payroll had started being garnished. If you have already been to court to claim the bills, I don't know if they will accept pymt arrangements or not, in my case the only thing that would stop the garnishments was payment in full. Depending on how much debt that you have a bankruptcy would most likely be in your best interest, because your debts exceed your income.
    talaniman's Avatar
    talaniman Posts: 53,881, Reputation: 10852
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    #4

    Nov 11, 2005, 07:57 PM
    Go to the internet and find Bud Hibbs its free check it out.the court will probably find you owe somebody money but if you have no income they can't collect until you are employed.From where I sit bankruptcy would be viable but there maybe other choices Bud Hibbs website helped me get a lot of facts and options as well as my rights.
    slippydippydo's Avatar
    slippydippydo Posts: 38, Reputation: 1
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    #5

    Dec 10, 2005, 09:19 PM
    Check this garnishment site for more info.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,272, Reputation: 7690
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    #6

    Dec 10, 2005, 09:30 PM
    Trouble
    They want to first basically get any and all money you deposit into that bank before any other debts are paid.

    And of course most likely if you have any income coming in, they wish to attach it also.

    I am sorry about all of the bad check charges, go down and talk to a bank manager, explain to him about the reasons, and they can and often will waive all of the bad check charges. ( their fees anyway)
    You will still have to deal with the people that did not get paid.

    These people seem agresive so odds are they will do every court acton they can to take anything from you they legally can.

    A attorney may be needed to protect you from more actions.

    But for sure show up for all court dates, if you don't they fairly well win automatic

    *** This is my opinoin and not legal advice.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Dec 27, 2005, 07:04 AM
    Hi C.B.

    I would take a different approach. The best defense is a great offense. You said that you weren’t diagnosed properly for years? If that is the same doctor who is causing your problems now, I believe you should turn the tables, and sue the crap out of him.

    In the first instance, write a letter to the Dr. Send it certified, return receipt requested. Send a copy to any and all participants. In your letter, DEMAND (do not ASK) that they stop any and all collection efforts, return every penny they’ve taken so far, and issue a letter of apology. Describe how you were mis-diagnosed, and tell him how much your are going to enjoy living in his beach front home. Give him 10 days to comply, and if he doesn’t, sue him.

    If you were, indeed, mis-diagnosed, you WILL find a lawyer to represent you on a contingency basis. That means it won’t cost you a penny, even if you lose.


    excon

    This is not legal advice. It’s get tough advice. (Thnks, Padre)

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