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can a judgement be claimed on ch 7?


myscoresawful
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I have about $3000 in hospital bills. All of them are different trips to the ER, either myself or my son over the past couple of years.

The oldest ones were sent to a CA who contacted me by mail with the usual letters. $1600 were still with the hospital.

I contacted the hospital a few months ago to ask them to allow me to make weekly payments of $25.00 toward all of it. The accounting person from the hospital wrote me back and said that I could pay on the $1600 that they still had, but that I would have to make arrangements with the CA for the other $1400, since it had been assigned to them.

I wrote the CA explaining that I would like to make some sort of payment arrangements, but wished to ensure that this was not put on my credit report, that could we please work together and they would get the money and I wouldn't have it on my credit report. I explained that I was having to consider ch 7 since I had so many bills that I could not pay, and that I didn't want to claim any of the ones that would work with me and keep it off of my report.

As it turned out, about two days later ( I know they didn't sign the green card until a day or two after I saw my new credit report) but it had already shown up on all three of my reports.

I get a reply letter from them telling me to call their office about this. I wrote back and explained that I have hearing loss (true) and that I have to handle everything by letter. I never heard anything else from them.

Today, I get served a Civil Summons for the amount that the collection agency has.

They did not include what is still with the hospital, but why would they do this with the other? The hospital knows I can only afford $25 a week, and they could have just taken the accounts back from the CA and added to what I am already paying on.

The agent for the hospital is not the name of the lady who sent me the letter accepting payment arrangements, I don't even know if the one who signed the summons knows about the account at the hospital that I AM paying on.

At any rate, the court date is for October 29th, if I go ahead and file for ch 7 now, and this hospital judgement goes on my credit report, will I be able to claim it on the ch 7?

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Yes, that judgment can be discharged ina Chapter 7 bk.

Thank you, I'm wondering if maybe the lady in collections who filed the suit in court is aware that I have a $1500 balance still there at the hospital that I am paying on?

I know she has every "right" to go after me in court for that which is already at the CAs, but she does the other too, I think. It doesn't make sense.

I am going to go down and talk to them, and if that is the case, see if they will just add it to what I am already making payments on instead of turning it back over to the CA. Otherwise, I will claim both what I am being sued and what they still have at the hospital on my chp 7. (I simply wouldn't want to take a chance on having the remaning $1500 end up as a judgement after everything else is discharged.

Incidentally, if they have filed court papers already, does that mean that the CA has returned it to the hospital? If so, should the CAs entry on my credit report be gone?

thanks

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