$150,000 Medical Debt

My husband has no insurance and recent procedures resulting in $150,000 in medical debt. How can we resolve this debt?

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Bill's Answer: Bills.com Resident Expert

Medical bills and debt are a major concern for many American consumers. In fact, unexpected medical emergencies, and the resulting medical bills and time off work, are one of the most common reasons that Americans file for bankruptcy protection.

In general, medical bills and debts are no different from any other unsecured debt, such as credit card debt, department store credit accounts, payday loans, or deficiency balances. You have several options for resolving your medical bills, which I explain below.

The four primary concerns for most consumers are:

  1. Monthly payment
  2. Time to debt freedom
  3. Total cost
  4. The credit rating impact of the resolution program

Be sure to evaluate each program relative to your prioritization of these factors.

Since there are a variety of debt resolution options, including debt negotiation/debt settlement, a debt consolidation loan, bankruptcy, and other debt resolution options, it is important to fully understand each option and then pick the solution that is right for you.

Debt Settlement

Debt settlement, also called debt negotiation, is a form of debt consolidation that cuts your total debt, sometimes over 50%, with lower monthly payments. Debt settlement programs typically run around three years. It is important to keep in mind, however, that during the life of your debt settlement program, you are not paying your creditors. This means that a debt settlement solution of debt consolidation will negatively impact your credit rating. Your credit rating will not be good, at a minimum, for the term of your debt settlement program. However, debt settlement is usually the fastest and cheapest way to debt freedom, with a low monthly payment, while avoiding Chapter 7 Bankruptcy. The trade-off here is a negative credit rating versus saving money.

Debt Consolidation Loan

Many people think first of a debt consolidation loan when seeking debt consolidation. This option typically means a second home loan (or home equity line of credit) or refinancing your primary mortgage. In a debt consolidation loan, you exchange one loan for another. The most frequent form is taking out a mortgage loan, which carries a lower interest rate and is tax deductible, to pay off high interest rate credit card debt.

It is important to be aware that shifting unsecured debt to secured debt can create a volatile situation, if there is ever a chance that you cannot afford the new mortgage payment you are now putting yourself at risk of foreclosure! In the case of a debt consolidation loan, most mortgages are 30-year loan, which means that the total cost and the time to debt freedom could be very high, but the monthly payment will be lower than other options and there is no credit rating impact.

Bankruptcy

Bankruptcy may also solve your debt problems. A Chapter 7 bankruptcy is a traditional liquidation of assets and liabilities, and is usually considered a last resort. Since bankruptcy reform went into effect, it is much harder to file for bankruptcy. If you are considering bankruptcy, I encourage you to consult with a qualified bankruptcy attorney in your area.

Default

You may be curious what may happen if you do nothing. If you stop paying your unsecured debts, creditors have the right to collect the debt. First, you will likely receive collection calls and letters from the creditor directly. If you are still unable to pay the debt after several months, the creditor is likely to refer the account to a third-party collection agency.

Third-party collectors are known to be much more aggressive in their collection tactics than original creditors, so do not be surprised if the calls become more persistent, or even threatening. Thankfully, the Fair Debt Collections Practices Act has rules governing the behavior of collection agents. However, unscrupulous debt collection agents do not follow these rules.

In some cases, when all other collection efforts fail, a creditor will decide to file a lawsuit against the debtor. This is not a frequent occurrence, but it is within a creditor's rights and a possibility about which you should be aware. If one of your creditors sues you, the court will likely issue a judgment in the creditor’s favor. Depending on your state’s laws regarding the enforcement of judgments, the creditor may be able to garnish your wages, levy your bank accounts, place a lien on your property, or take other action to enforce its judgment.

Regarding a credit report, default damages a credit score severely. In addition, default is a warning flag for many lenders, who will refuse to deal with a potential customer with a default on their record. As a result doing nothing and allowing default is a poor option for most consumers.

Summary

Although there are many forms of debt consolidation, many people with good to perfect credit who own homes with equity should look into debt consolidation loans. You mentioned you own a home but have no equity in it. Therefore, an equity loan is not an option. Consumers with high unsecured debt or poor credit may want to explore debt settlement or debt negotiation. Consider Chapter 7 or Chapter 13 bankruptcy. However, each consumer is different, so find the debt consolidation option that fits for you.

Lastly, here are some fast tips for your own quick Debt Consolidation Evaluator:

  1. If you have perfect credit and have equity in your home — consider a Mortgage Refinance.
  2. If you want the lowest monthly payment and want to get debt free for a low cost and short amount of time, AND you are willing to deal with adverse credit impacts and collections — then evaluate Debt Settlement.
  3. If you cannot afford anything in a monthly payment (less than 1.5% of your total debt each month) — consider Bankruptcy to see if Chapter 7 might be right for you.

Bills.com makes it easy for you to apply for traditional forms of debt relief.

I hope this information helps you Find. Learn & Save.

Best,

Bill

Bills.com

Comments (1)


Jenell .
October 12, 2010
I recently recieved a summons for a debt that is 12 years old (1998). A little history. Prior to 2001 I was working with the local hospital, which the debt occured, to pay off old debt prior to me purchasing my house. I was cleared of all debt from the hospital from payment and working with debters. House purchased, I was also married in 2001. The summons was addressed to my husband and I, our married name, but, this debt occured prior to my marriage. I have not saved the 12 year old paid debts (thought colorado was 7 years) and yesterday got a summons with a court date with a 577.00 debt from 1998. It is 2010. I don't want to go to court over this matter, but, I don't feel like this bill (which I assumed was taken care of when I paid old debt prior to marriage and house purchase) is relevant and think its scandalous. Need direction here.
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