If I have a major medical issue without insurance and am willing to make small monthly payments, can they seize my house?

Question

Ronald A. Steinberg · Answer

It depends.  If you are married and your spouse did not sign to guarantee payment they can't.  They have to sue first.

Jared Altman · Answer

Depends on a lot of factors. But, as long as you make payments they'll probably leave you alone.

Kevin Habberfield · Answer

Very likely, No. Keep making payments and work with your providers. Also, try to get some insurance somewhere, perhaps talking to the counselors at your local hospital or DSS office. Also, consider charitable organizations.  Get well soon.

Leonard Schwartz · Answer

It is more likely that they will let you make payments. Otherwise if they get a judgment they can put the house up for sheriff sale but it is subject to paying off all mortgage liens first.

Stephen Lombardi · Answer

Answer: No they can not seize your house; not even if you make no payments.

Gary Platt · Answer

By "they" I am assuming you mean the hospital or doctor or other provider of medical services.  They cannot merely seize your house.   

They can file a  lawsuit against you and, if they win, they can place a lien on  your house  and might be able to force you to sell your house to satisfy the  lien. However, there are a number of legal things you can do to prevent  this from  happening, and in order to properly defend yourself you need to  consult an  attorney as soon as possible.

Cale Plamann · Answer

Maybe.  Depending upon the equity in your house you may qualify for the 'homestead exemption' which will make it exempt from collections.

Gregory Crain · Answer

No.

Michael Yeksavich · Answer

If they have a judgment they might be able to execute upon your home.  However, if it is your homestead they may not be able to force a sale.

William Chaffin · Answer

Quite possibly, but the hospital will need to obtain a judgment before that can be done.  Further, you likely have a homestead exemption which will protect at least part of the equity in your home.  Hospitals will customarily work with you on payment of delinquent bills.

Bradley Cornett · Answer

You do not provide enough information for an educated response.  Is there a judgment against you?  Do you have any equity in your house?  If so, how much?  Where is the house located?  The laws concerning execution on judgments are different is every state.  You should consult with a competent attorney in your state.  Most attorneys will provide a free initial consultation with no obligation.

Larry Klein · Answer

Before they could seize your house, they would have to file a lawsuit against you and obtain a Court judgment against you.  Once they obtain a Court judgment against you, they can then take steps to execute on the judgment which could include selling your house to attempt to satisfy the judgment.    If you have not already done so, you should homestead your house.  You can check with the County Assessor's office re how to do that.  I can not remember the current amount of the homestead exemption but whatever that amount is, that amount is protected from being used to satisfy a judgment against you.

Paul Whitfield · Answer

No one can seize your house. You have certain protections under the law:homestead exemptions etc. if however you are seeking Medicaid help you have to make an accounting to them of your assets. You need in that case a lawyer familiar with Medicaid (elder law most folks call it).

David E. Frank · Answer

Depends on how much equity you have in your house. Generally, in CA, if your equity is less than $100,000, no they can't come after your home. If they agree to accept payments over time, then no they can't come after your home. If the bill is very large, and your credit is already bad, and you don't have much in the way of assets, then you might want to consider filing BK which will discharge the debt so they can never come after you.

Bernard Huff · Answer

Not enough facts are state for a legal response to be given. However, you may want to at least consult with a lawyer.

Andrew Velonis · Answer

Any creditor can sue you, and if successful, obtain a judgment against you which will automatically become a lien on your house, which they could then foreclose upon.   As for making small monthly payments, the medical provider or their collection agency can decide to accept a payment plan, or demand payment in full.  Tell them that if they don't want to accept your payment schedule, you can file bankruptcy and keep the house, they get nothing.  Check this out: http://www.youtube.com/watch?v=J0Yt1Qa27j4&feature=plcp

Dennis P. Mikko · Answer

Making small payments on a large debt will not prevent the creditor from taking other collection action.  However, before any property can be levied against or wages or other money garnished, the creditor would have to file suit and obtain a judgment.  

If this were to happen, you could ask the court for an installment payment order whereby the court would establish a monthly amount you would have to pay and prevent any wage garnishments.

Thomas Bulman · Answer

Depends on the state you live in.  Call a bankruptcy lawyer and ask about your state's debt protection laws.  Most states allow you to pay your mortgage and stay in your home even if other creditors get nothing.   Good Luck.

Willie Stephen Graves · Answer

In Texas your home is generally exempt from seizure to pay medical debt. When you're through with your treatment, you should probably talk with a bankruptcy lawyer.

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If I have a major medical issue without insurance and am willing to make small monthly payments, can they seize my house?

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