I received a summons, after they have cashed my checks. I had my tooth pulled at the end of last year. In March I sent a letter with a check...

Question

I received a summons, after they have cashed my checks. I had my tooth pulled at the end of last year. In March I sent a letter with a check stating was not working and at this time we can only afford to pay $10 per month nothing more, nothing less due to other medical expenses and household expenses, this was all we can afford. They cashed that check of $10 and then I sent another check on April 1 or so and it was cashed by them on April 10th. I have copies of the cashed checks as well as the letter I sent to them. I now received a summons from them today to appear in court on the May 25th. For MORE then what I owed them in March which was 934 it now states $1010. I'm not sure what they are attempting to do since I was attempting to pay them and they did cash the checks. What else can I do and what so should I do at this point. I'm at a loss and very upset about this now. Thank you very much for assistance.

Answer

If you wish to prevent a judgment from being entered against you, you should consult with a bankruptcy lawyer immediately, since medical bills are easily dischargeable in most cases, along with other unsecured obligations. A judgment can cause numerous problems for you later, after you return to work, in the form of wage garnishments and asset seizures. If you dispute the amount that you owe, you can also fight the creditors claim in court and make them prove it, again, probably best done with the assistance of a lawyer, but the legal expenses of such a fight would probably cost more than a bankruptcy. Furthermore, bankruptcy would have the added benefit of getting ride of most of your other past due bills, with a few exceptions. The creditor's cashing of your checks which are offered as part of an installment proposal does not necessarily force them to accept that proposal, unless you have a settlement agreement. Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. These answers are intended for public educational use only. Regardless of this, however, you are still welcome to contact me during business hours at my in Racine if you still have questions.