Bills.com Blog > Debthelp Questions > Medical Bills Debt
Question: I don't know how to get out of debt we have so many medical bills around $100,000.oo we did bankruptcy and cleared all the bills now we are back in debt i make $11.00 hr can you help us?
Answer: Medical bills and debt is a major concern for many American consumers. In fact, unexpected medical emergencies, and the resulting medical bills and time off work, are one ofthe most common reasons that Americans file for bankruptcy protection.
In most cases, incurring medical debts is a necessity, whether or not you are able to pay for the services, as being treated could mean the difference between life and death. Unfortunately, lack of insurance coupled with the high price of medical care, can leave consumers forced to seek treatment saddled with hundreds of thousands of dollars of healthcare bills, despite the fact that they have no means to pay the debts.
Because of your relatively low income level and the large amount of debt you owe, I cannot think of any debt relief programs that will be able to assist you in resolving these bills. Bankruptcy would probably be the best solution, but since you have already filed, you may not be able to file again. Whether or not you can file again depends
on how much time has passed since your last filing. Under the new bankruptcy law enacted in 2005, you can file Chapter 7 bankruptcy once every eight years, and you must wait four years after filing a Chapter 7 before you can file bankruptcy under Chapter 13. I encourage you to consult with a bankruptcy attorney in your area to discuss the options available to you under the bankruptcy code. To learn more about bankruptcy, I encourage you to visit the Bills.com Bankruptcy Information and Resources page at http://www.bills.com/bankruptcy/
If after consulting with an attorney you find that bankruptcy, either Chapter 7 or Chapter 13, is not available to you, I encourage you to contact the medical provider to whom you owe these debts. Tell the provider what you can afford to pay, and request
that it allow you to repay the bill through a repayment plan due to your financial hardship. You should clearly state your income and expenses to explain why you cannot afford larger payments. Hopefully the creditor will allow you make payments to prevent further collection activity against you. Most hospitals and other medical providers are aware of the burden that medical bills can cause, and they are frequently willing to work with consumers to repay their accounts in affordable payments. Even if you can only afford $50 or $100 per month, you may be surprised by the creditor’s willingness to work with you.
I wish you the best of luck in resolving your medical debts. I hope that the information I have provided helps you Find. Learn. Save.
Best,
Bill
www.bills.com
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1. Posted by Cory on Wednesday 12th September 2007 08:24
I filed for chapter 7 in 2005 due to unpaid credit card bills. It was granted and i thought things were finally moviong foward in my life. However, i lost my job soon after and was diagnosed with a dialated cardiomyopathy in September of 2005. I have had numerous doctor's appointments, emergency room visits and tests performed since. The medical bills i have accumulated are too great for my small monthly income. What are my options and what should i do?
2. Posted by Carole on Wednesday 28th November 2007 06:46
My husband was diagnosed with lung cancer in June. He passed away Oct.15th. He was told that he could possible live longer with Chemo and Radiation treatments. He opted to "stick around as long as possible." All his medical bills are in his name. I signed no papers. Am I, as his beneficiary, liable for those bills? Please help. I am 67 yrs. old, and work part time, making $8.65 per hr. He had no insurance. Can I lose my home? I can't sleep at night and cry all day. What can I do?
3. Posted by Nate on Thursday 29th November 2007 14:12
Please consult a qualified attorney to know the recourses available to you. As a general rule, survivors of a deceased person are not responsible for that person's debts. There are exceptions to that rule: - If someone co-signs a promissory note along with the deceased person, then he/she will be liable even if the co-signature was an accommodation only and did not benefit the co-signer financially. - If someone guarantees the payment of the debt then on the death of the primary obligor, if his estate has insufficient assets to pay the debt, the creditor can demand that the guarantor pay the debt. Also, if the deceased person's estate distributes estate property to its beneficiaries before all debts of the deceased person have been paid, the creditor can recover all or part of the debt out of the property distributed to the beneficiary. The creditor cannot get at the beneficiary's other property, only the property received from the estate can be reached by creditors.
4. Posted by alexander on Sunday 2nd December 2007 21:15
i am currently repaying my medical debt through a monthly payment plan but, i did have medical insurance through blue cross who said they had dropped my coverage on the day i had surgery but, when i talked to a customer service represenative they said i wasnt covered at all. no one at the hospital informed me i wasnt covered and they usually check that you are covered before they perform any medical procedure. I believe i have been sued for a bill that my insurance company didnt want to pay what should i do?
5. Posted by Park on Monday 3rd December 2007 08:15
Usually, it is the responsibility of the patient to make sure that they have coverage for the medical procedure. I hope you have saved all the documents for the medical procedures. As medical coverages are specific to the insured party I cannot really comment on what your insurance company covered or did not cover. First, you should check on your credit report to see what items are showing as derogatory. You will also be able to get the contact details of the company that owns the debt now. You should try and get in touch with them to explain your situation. With respect to the bill that you are being sued on, if you can show that you had coverage during the time of the procedure and assuming that your plan covered your procedure, you can contest the claim. Even otherwise, you should try to work out a repayment plan. When creditors initiate legal procedures, they are mandated to inform you about it by mail. If you did not recieve any communication about the debt you are being sued upon, then you have strong case to get it dismissed.
6. Posted by Ann on Monday 7th January 2008 18:18
My mother passed away in September, 2006. My question is how long am I liable for any medical bills that still may be received. According to her will, all of her debts should be paid. Is there a limitation on the amount of time that a bill can be received by me, her only survivor.
7. Posted by Nate on Tuesday 8th January 2008 08:28
Being the legal heir, her debts are your reponsibility now. You are only liable for the debts that she owed at the time of passing. The rationale is that anyone staking claim to the assets of an estate, should also be willing to accept its liabilities. It is up to the creditor to follow up with you for collection of debt. The normal Statute of Limitations will apply (these vary from state to state).
8. Posted by SonjaE on Friday 11th January 2008 15:28
Being sued for mmedical bills from 2001. Isn't there a statue of limitations in Pennsylvania. Don't even remember what these bills were for
9. Posted by njawali on Friday 11th January 2008 16:52
All states have a body of statutes in their codes of law called, “Limitations of Actions,” commonly referred to as the statutes of limitations. The length of time a creditor has to sue you depends on your state of residence and the type of debt. For example, many states allow longer for creditors to file suit to collect on closed ended consumer loans than on credit card debts. Most states give credit card issuers 3 to 4 years to file suit after default, but some states allow as many as 10 years. Check out http://www.bcsalliance.com/y_debt_sol.html for more information.
10. Posted by mike on Tuesday 19th February 2008 15:26
I have arond 200.000 thousand in medical bills.Should i file bankruptcy the hospitals offers a payment plan that i cant afford.What should i do
11. Posted by Nathan on Wednesday 20th February 2008 15:20
If you cannot afford the payment plans that the hospitals are offering, then you may be right, filing for bankruptcy might be the only option to pursue.
12. Posted by berlynn on Wednesday 5th March 2008 23:33
Hello, i live in California. My husband past away in january. He had two insurances, but not both of them will cover for all of the hospital stay, surgery, etc...So is it my repsonsibility to pay for his medical bills?
13. Posted by Bill on Thursday 6th March 2008 08:47
In most states, probably yes. The debts incurred by either spouse during marriage are generally adjudged to be marital debts. The creditors can pursue either of you jointly or severally, and also make a claim against his estate. State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
14. Posted by carolyn on Friday 18th April 2008 15:06
My mother died recently and the money from her two burial policies was not enough to bury her. The only thing she owns is a house and we will not be selling it now because of the low real estate market. She has one bill that a doctor sent to a credit company and she was paying 25.00 a month. Are we responsible for that bill?
15. Posted by Bill on Friday 18th April 2008 16:27
Whoever is the legal heir in charge of her estate, will also be responsible for her debts.
16. Posted by Susan Cavazos on Tuesday 5th August 2008 15:33
I recently had open-heart surgery and incurred $103,000 in medical bills. I am a musician and don't make enough to pay for my current bills. I make about $10,000 a year, and have diabetes and can't do my normal work as a welder. If I pay $10 a month towards that bill, will that keep the creditors off my back. I live in Texas. If not, what can I do. I filed bankruptcy about three years ago.
17. Posted by Bill on Tuesday 5th August 2008 17:57
Given your limited income, I think bankruptcy would be the best option for you. You can read more about bankruptcy at http://www.bills.com/bankruptcy/. You will need to check to see if you can qualify for bankruptcy given that you filed one 3 years ago. I doubt that the creditors will accept the $10 payment given the large size of your debt. Collection laws vary from state to state, please visit http://www.bills.com/collection-laws/ to get an idea of the state rules.
18. Posted by Ramona Drescher on Friday 10th October 2008 16:01
I received a bill today for my daughter who was in a hosptial in Tennessee in 2005 where we lived at the time. I have never received any bills prior to the one today saying that I owe them money. We had insurance coverage at the time of the hosptialization and until today, thought that all the bills were paid through the insurance. The bill that I received had a very nasty note attached accusing me of ignoring this debt for so long, etc but I HAVE NEVER received a statement before today. It is not a letter from a collection agency that I can tell, just a statement from the facility. We now reside in Virginia (for 2 years). My question: what are the SOL's for such a debt when no contact has been made to collect since day one? How do I approach this when I make contact with the facility? Any help you can offer would greatly be appreciated. Ramona Drescher
19. Posted by Nithin on Sunday 12th October 2008 10:29
You should order a copy of your credit reports from each of the three bureaus. If they have reported this debt as unpaid, the account will be listed on your report and will also state the date of the last payment. The statute of limitations in the state of Tennessee is 6 years from the date of the last payment, and therefore it is still valid for them to collect on. When you do start your contact with them, write a letter to them stating the circumstances and ask for the debt to be validated, you can find a sample debt validation letter here: http://www.oskie.com/free-letter/debt-validation-letter-collections-collection-company-agency.htm Once you have received an explanation, you could then initiate a direct phone conversation and then ask for a lower settlement or a payment plan.
20. Posted by CRears on Monday 17th November 2008 13:24
Hi Bill, My boyfriend purchased a home in Pennsylvania in August 2006 from the grandson of a woman who died in May of that year. Since he moved in, every couple of months, he receives notices for unpaid bills for the grandmother's medical services (e.g., ambulance rides, home oxygen delivery), all less than $200. He has always returned the letters to their senders with a note stating that he is no relation to the billee and that the biller needs to contact the deceased woman's next of kin. Is this enough, or is there something else he needs to do to get the statements to stop? If a much larger bill shows up, is there any danger of a creditor trying to put a lien on his house? He has no contact with the woman's family, but the house was deeded in her name before he bought it. Thanks for any advice!
21. Posted by Bill on Monday 17th November 2008 14:46
As long as your boyfriend has all the title documents for the home clearly in his name, there is no danger of the creditor putting a lien on his house. He is doing the right thing by reporting the creditors about his stand.
22. Posted by Ady on Friday 9th January 2009 12:36
Hi I filed for bankruptcy a little over a year ago due to school induced credit card debt. I make 30/year and just got married. He is a full time student. Right before the wedding i had several trips to the ER and finally my gallbladder removed. I incurred over 40K in debt. I tried to make payments in the beginning, but when my husband lost his job I could barely afford the regular bills. the biggest bill is 27K for hospital stay. I know most already got sent to creditors. Will I be sued? If so, how much time before that step happens? :( Any help at all would be greatly appreciated.
23. Posted by Bill on Friday 9th January 2009 12:56
You should check your credit report from each of the 3 credit bureaus (you can get one for free at www.annualcreditreport.com) for the statuts of these accounts. If they have been sent to collection agaencies, it will be mentioned on your report. Each collection agency has its own rules as far as when they will sue you, but you can expect the process to start if the debts pass beyond the 6 month mark. You should look into debt settlement programs such as the one offered by freedom debt relief, where they will negotiate these debts down to a fraction of what you owe bassed on the medical hardship. You can get a free consultation either by calling them diretctly at 1-800-544-7211 or by visiting www.freedomdebtrelief.com
24. Posted by pat rhodes on Friday 23rd January 2009 13:35
My husband broke his neck this Nov. So Far hosital bills, doctor bills, etc are at 40,000. We can only make 10.00 payments to each,each month(100.00 to large ones)In Texas can they take our house which is homesteaded, our bank accounts,savings,investments??
25. Posted by Bill on Friday 23rd January 2009 15:18
Please visit: http://www.occc.state.tx.us/pages/consumer/education/DebtColl.htm
26. Posted by Ginger on Friday 23rd January 2009 17:04
Hello, My husband was traveling & had to be rushed to the hospital in Alabama he passed away. I was not with him. I did make it there to be with him. I never signed for anything except for them to give him a flu shot. We live in Tn.I just recieved one bill for over $58.000 We did not have health insurance. Am i responsible for those medical bills? I have been laid off from work for almost a yr now. I don't know what to do. Thank you
27. Posted by Bill on Friday 23rd January 2009 17:33
When a person passes away, the decedent’s debts do not automatically pass to his spouse, children, or anyone else. Debts incurred by an individual are owed solely by that individual; if a person dies before his debt is paid off, then the creditor can attempt to collect the debt from the individual’s estate, meaning that the debt would be paid before any money or other assets are passed to his heirs. However, if the person dies without sufficient assets to pay off the debt, then the debt is uncollectible and the creditor will likely write it off its books.
28. Posted by jennifer on Friday 20th February 2009 20:28
my friends father past away and was homeless if she responsible for the medical bills?
29. Posted by Walter R on Saturday 21st February 2009 06:40
I don't think you'd be liable, since your father's debts and assets will be dealt with in probate. Unless you personally guaranteed his debts and medical bills it shouldn't pass to you, but talk to a lawyer if you get pursued for his debt.
30. Posted by Debbie on Wednesday 4th March 2009 07:59
Husband passed away unexpectedly. We had no will,then again we have no real assests except a 10 yr old car in his name, rented our home and paying on his car, again soley in his name. Lots of medical bill for him and our daughter, our medical insurance was thru his work, I do not believe I ever signed any of the medical documents except for the emergency room for him but I did for my daughter. Again there is no estate, but I am beneficiary on the life insurance policy. Am i responsible for paying off the medical bills for him, or my daughters since they were under his insurance? I gave up my job 10 yrs ago to raise his 2 kids and then our 2 kids and I will need this money to provide for the kids until I can find work. These bills will take over half. Finding work in Michigan is a monumental task right now.
31. Posted by Bill on Wednesday 4th March 2009 11:58
Debbie, if you were the designated beneficiary, then the proceeds will go directly to you. Read more at: http://wills.about.com/od/howtoavoidprobate/a/insurancebills.htm
32. Posted by deborah lee on Thursday 2nd April 2009 22:03
The ex of my husband took their kids to the doctor and said he will pay for that, she never talked with my husband and neither the doctors did. she wouldn't even run the insurance. Now a debt collector is going to sue my husband, but it isn't his debt, and the collectors will not take the half that he has to pay by law, they just treat him like the primary debtor....what do we do about? the ex doesn't want to pay, and the debt collector aren't behind her!!
33. Posted by Bill on Friday 3rd April 2009 13:16
There is not enough information here for me to provide any guidance. If your husband's ex used your husbands insurance information, then he will be held liable for the medical bills.
34. Posted by Becky on Tuesday 2nd June 2009 19:24
My boyfriend and I have lived together in Florida since 2004. Last year we had a baby son. My son & I have health insurance through my job, my boyfriend has none. He has been diagnosed with cancer and is in the hospital ringing up a $350,000 medical bill. I have been in contact with the hospital administrator to see what can be done about negotiating the price down. She says I am responsible for the hospital bill since I am the wage earner in the house and he does not work, but stays at home with our child. Is this true? Can they make me pay his bills?
35. Posted by Bill on Monday 8th June 2009 18:18
They cannot make you pay for your boyfriend's medical bills and that makes me mad that they would allege that. Please go to get a free consultation from a bankrupty attorney or a collections attorney and ask them if there is an FDCPA violation relating to this misstatement. Good luck Becky. Hang in there. Bill
36. Posted by Anita Lindsey on Wednesday 1st July 2009 06:25
Hello, My mother died in April of 2003 from leukemia. I received a bill this past March 2009 from an attorney stating that I owe the Hospice Unit of the Hospital over $3,400 dollars for use of the room she was in for three weeks. I did sign a guarantor note, but assumed there would be no problem since my mother owned a small home that should have covered the expense. Well, evidently there was some type of lien on my mothers property that held her estate up. Meanwhile, vandils broke into my mother's house and set the place on fire. I have no idea what happend to the estate after that and now I'm getting this bill. Am I responsible for paying this? It is clearly not my fault the estate took so long, and I still don't have any idea if anyone received money from the property. Shouldn't her outstanding medical bills been paid first if anything?
37. Posted by Mark Cappel on Wednesday 1st July 2009 10:28
This is a nightmare scenario that touches on five subjects in the law, including contracts, remedies, property, wills and estates, and (potentially) professional responsibility. First, bring these facts to the executor and learn when payments were made to settle the estate, when the sale of her property took place, and where the proceeds of the sale went. You should have all of this information at your fingertips, and I think it's odd that you don't. The medical payments should have been made from the estate in a timely manner. Second, learn what the statute of limitations is in your state: http://www.bills.com/collection-laws/ If the statute of limitations has run on that debt, you or the estate may have a legal defense preventing collections on the debt. However, that's a question an attorney in your state should answer. Finally, if the facts you outlined in your note are substantially correct, the executor may have failed in his or her duties of competence to your mother's estate. Again, take your facts to an attorney, who can review all of the facts and put them in context of your state's law.