QUESTION

Can they garnish my bank, take my car or money to collect insurance lien?

Asked on Jan 09th, 2013 on Bankruptcy - California
More details to this question:
I need to know what can be taken to collect on a medical lien. I was in auto accident that auto insurance denied. Now I have medical liens. I have SOC security.
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6 ANSWERS

Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Are you asking about how bankruptcy will deal with your car and income?
Answered on Jul 17th, 2013 at 1:01 AM

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Daniel James Wilson
Social security benefits are generally safe from garnishment. Presumably your bank account comes from SS benefits, so those funds are also exempt. Medical bills are dis chargeable in bankruptcy.
Answered on Jan 14th, 2013 at 8:30 PM

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Insurance Attorney serving Redlands, CA at Orrock, Popka, Tucker & Dolen
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The medical provider had a lien on your recovery. Since you did not recover any money, you owe the medical provider for the service that you asked for and received. The lien is not the issue. The medical provider will have to get a judgment against you before it can garnish wages, levy bank accounts or take other judgment collection actions. Short of filing and proceeding with a lawsuit to get a judgment, the creditor can ask you to pay. It can send you invoices, notices, collection letters. It can call you at home or at work if you let them. If you are unable to pay and otherwise can benefit from bankruptcy protection, you will be able to get relief from the obligation to pay.
Answered on Jan 14th, 2013 at 7:20 PM

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Money owed which is secured by a lien is collected much like other debts. The health care provider can sue you. OR they can go straight to the source of the funds you recover by settlement or judgment, and prove up their lien and demand payment. Quite often a good lawyer can negotiate the medical bills downward as part of the settlement of a personal injury case. But hospital liens attach to the money you get by way of settlement or judgment. If you don't receive any such funds, the liens have no value. The providers still have a claim against you, upon which they can sue if they think it is worth their while. Consult an experienced lawyer. Resolving this kind of question is one thing they are good for.
Answered on Jan 14th, 2013 at 6:25 PM

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Tax Problem Resolution Attorney serving Lake Oswego, OR at THE WUHRMAN LAW FIRM
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Social Security CANNOT be garnished, whether it's in the form of a check or in your bank account. Other income and assets, however, may be. You should definitely seek a consultation with a local lawyer who's knowledgeable in this area.
Answered on Jan 11th, 2013 at 2:17 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Medical liens (as opposed to medical debts that have a court judgment, which are judgment liens) affect the right only to receive insurance or injury settlement benefits. A medical lien cannot take other property unless there is also a court judgment.
Answered on Jan 11th, 2013 at 2:17 PM

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