If you have made a re-payment plan and are current in the payments, can a creditor still sue you anyway?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If you have made a re-payment plan and are current in the payments, can a creditor still sue you anyway?

We owed a hospital bill and got a letter from an attorney saying they were suing us unless we made a payment plan. We agreed to pay $100 a month and have done so for the last 18 months. They then went to court and got a summary judgement against us, which they said they wouldn’t do if we paid the $100 every month. They then added 25% attorney fees and $600 court costs. Is this legal? It seems like we can never get this paid off.

Asked on November 2, 2011 under Bankruptcy Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The problem that you have written about is that you apparently had no written agreement with the accounts receivables department of the hospital memorializing the $100.00 per month payments that you were making on the debt.

What happened concerning the lawsuit against you with repect to the summary judgment order, attorneys fees and court costs was legal. I suggest that you contact the attorney representing the hospital to discuss the fact that you were making monthly payments as well as to discuss a written payment plan on a monthly basis to pay off the judgment against you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption