QUESTION

Will I go to jail for nonpayment of medical bills?

Asked on Jun 04th, 2013 on Bankruptcy - North Carolina
More details to this question:
I live in Kansas. I was recently arrested for failure to appear x 3...I bonded out for $100 apiece. This was for nonpayment of medical bills. Could he send me back to jail? The reason I didn't go was because the hospital was garnishing it out of my paycheck so I thought my debt was taken care of. Do I need a court appointed lawyer and what do I say? Thanks!
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1 ANSWER

Pre-judgment, the answer is no. Debtor's prison was abolished a long time ago. It is not a crime to have debts which one cannot pay. The exception would be if you incurred these costs with the intent not to pay and defraud the health care provider. Post-judgment is another matter. You indicate that you are in Kansas. I am not a Kansas-licensed attorney. However, I am somewhat familiar with practices in the mid-west and other states. Once a judgment has been entered, the creditor can garnish wages. In some states, the court can order the debtor to come into court for a post-judgment supplemental hearing. If the debtor fails to attend the hearing, then an arrest warrant can be issued. If you are in a state which has a procedure like this then you MUST attend the court hearing even if your wages are being garnished because the creditor may wish to see what other assets you have. In some cases, the court may even enter a reasonable payment plan so it would be to your benefit to go to court. My advice to you at this juncture would be to seek out a Kansas-licensed attorney who specializes in defense of credit card and medical debt. Possibly, if you wished to file bankruptcy, then seek out a bankruptcy attorney regarding the discharge of this debt. Depending on your exemptions and what you own, it may be possible to avoid the judgment for the medical debts. You do not get a court-appointed lawyer for non-criminal matters generally.
Answered on Jun 05th, 2013 at 10:14 PM

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