
If a hospital sues you for medical bills, you may feel overwhelmed and unsure of what to do. In the US, hospitals can sue patients for unpaid medical bills, but this is relatively rare.
The hospital may sue you in small claims court, which is a type of court designed for minor disputes. However, this usually happens when you've ignored repeated requests for payment.
You have the right to defend yourself in court, and you can also negotiate a payment plan with the hospital. If you're unable to pay, you may be eligible for financial assistance or charity care.
In some states, hospitals are prohibited from suing patients for medical debt, but this varies from state to state.
If this caught your attention, see: What Is Payment Posting in Medical Billing
Understanding Hospital Lawsuits
Hospitals can try to collect unpaid medical bills from you. If you don't pay, they may sell your debt to a collection agency, which can purchase it for less than the original amount.
A collection agency can then try to contact you to recover the debt. If you ignore them, they may escalate the matter to a lawsuit. In the United States, any state can be a place where a collection agency might sue you for medical bills, including states like Alabama, Alaska, and Arizona.
To settle a medical debt collection lawsuit, you can try negotiating with the collection agency. They often purchase old debts for a small percentage of the original amount, so you may be able to offer to pay off 50% or less of the debt and still make it worthwhile for them to settle.
A fresh viewpoint: How Does Debt Collection Affect Credit
Verify Bill Accuracy
Verify Bill Accuracy is crucial when dealing with hospital lawsuits. You need to ensure that the medical bills you receive are accurate and not inflated.
To start, take a close look at your medical bills. Check that the items listed are accurate and that you actually received the treatments mentioned. This can be a daunting task, but it's essential to catch any errors.
Make sure your bill is addressed to you and contains your correct name, insurance information, and billing address. This might seem obvious, but it's surprising how often this information is incorrect.
If you're unsure about an item on your bill, ask your provider for a plain language explanation. They should be able to break down the costs and procedures in a way that's easy to understand.
Here are some steps you can take to verify bill accuracy:
- Check your bill for accuracy and completeness
- Verify your name, insurance information, and billing address
- Ask for a plain language explanation of unclear items
- Request verification of the debt from debt collectors
Lessons from Germany to Solve the U.S. Crisis
In Germany, hospitals are required to provide financial aid to low-income patients, which is a model the US could learn from.
Hospitals in the US are doing some good, but they still have a long way to go. Melinda Hatton, general counsel at the American Hospital Association, acknowledges that hospitals are trying hard, but admits it's not perfect.
Charity care is offered at most US hospitals, and nonprofit medical systems must provide financial aid to stay tax-exempt.
Recommended read: Us Treasury Inflation Protected Securities Tips
However, finding this information can be a challenge. About 1 in 5 hospitals researched by KHN don't post aid policies online, making it difficult for patients to access the help they need.
The University of Mississippi Medical Center is a prime example of this issue, only disclosing its policy after a public records request was filed.
An Arm and a Leg: Part 1
Hospitals can sue you for unpaid medical bills, and it's not just a rumor. If you have outstanding medical debt, the hospital's accounts department will likely try to contact you to recover the amount. If they can't get paid, they might sell your debt to a collection agency.
You might think you can ignore the collection agency, but be careful, as they often purchase medical debts at a discounted rate. This can lead to a lawsuit, and your credit score might take a hit when the agency reports the debt to the credit bureaus.
If you're facing a medical debt lawsuit, you'll need to know your state's laws. Here's a list of states where hospitals or collection agencies can sue you for unpaid medical bills:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont; Vermont (Small Claims court)
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Responding to a Lawsuit
If you're served with a lawsuit for unpaid medical bills, it's essential to respond promptly. You can be sued for medical bills, and either the medical provider or a debt collection agency may take legal action.
Responding to a lawsuit involves filing an Answer, which is a formal response to the Complaint. You need to file an Answer in all 50 states, as outlined in the Ultimate 50 State Guide.
You might be tempted to ignore the lawsuit, but this can lead to a default judgment, which can have severe consequences. To avoid this, make sure to file your Answer so that all your bases are covered. In fact, it's recommended to wait until after filing an Answer to negotiate a settlement.
Debt collection agencies often purchase old debts for a small percentage of the original amount, which means you can offer to pay off 50% or less of the debt and still make a profit for the agency. This is a good opportunity to negotiate a settlement that's ideal for you.
Related reading: How to Dispute a Debt Collection on Credit Report
Here are some key points on what to do if you are served with a debt collection lawsuit for unpaid medical bills:
- Respond to the Complaint and see if there are viable defenses to challenge the veracity of the lawsuit
- If an adverse judgment is entered against you, consider reaching out to the debt collector to try and negotiate a lower settlement amount
- Review your different checking and savings accounts since there is a chance a debt collector could try to garnish your wages or extract funds from your bank accounts
You should also be aware that debt collection agencies may try to contact you on multiple occasions, and if you don't pay, they may escalate the matter to a lawsuit. In some states, such as Vermont, the court may handle small claims cases differently.
Laws and Regulations
Federal debt collection laws can protect you from unfair practices, including debt collection for medical bills. The Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA) are two key laws that regulate debt collection.
The FDCPA, for example, prohibits debt collectors from using abusive, deceptive, or unfair practices to collect debts. It also requires debt collectors to provide written notice of the debt and to stop collection efforts if the consumer disputes the debt. Specifically, the FDCPA prohibits debt collectors from:
- Harassing or intimidating consumers
- Using false or misleading representations
- Disclosing information about the debt to third parties
If you're facing debt collection for medical bills, it's essential to understand your rights under these laws. Knowing your rights can help you stand up for yourself and protect your financial well-being.
Federal Laws
Federal laws play a crucial role in protecting consumers from unfair debt collection practices. The Fair Credit Reporting Act (FCRA) is a significant law that requires debt collectors to follow certain guidelines.
The FCRA stands for Fair Credit Reporting Act, and it's a federal law that regulates the collection of credit information. This law ensures that consumers have the right to dispute errors on their credit reports.
The Consumer Credit Protection Act is another important law that prohibits debt collectors from engaging in unfair or deceptive practices. This law aims to protect consumers from abusive debt collection tactics.
Here are some key federal laws that protect consumers from debt collection abuse:
Debt collectors must follow the Fair Debt Collection Practices Act (FDCPA), which prohibits them from engaging in certain practices, such as harassment, false statements, and unfair collection methods.
Explore further: How to Get Debt off Credit Report
Statute of Limitations by State
The laws and regulations surrounding debt collection can be overwhelming, but understanding the statute of limitations on debt collection by state can help you navigate the process. In the United States, the statute of limitations on debt collection varies from state to state.
Recommended read: How Long Can Debt Collectors Try to Collect in California
Debt collectors must comply with the laws of the state where the debt was incurred, so it's essential to know the specific laws in your state. For example, in California, the statute of limitations on debt collection is 4 years, while in New York, it's 6 years.
Here's a breakdown of the statute of limitations on debt collection by state:
Stopping Collections
You can stop a hospital from suing you for medical bills, but it's essential to know your rights and options. In fact, some hospitals have voluntarily given up aggressive collections, such as UCLA and Stanford University in California.
If you're facing a lawsuit, you can try to settle the debt with the collection agency. According to Example 4, you can offer to pay off 50% or less of the debt, and the collection agency would still make a profit. This means you can negotiate a settlement that's ideal for you.
If you're in a state like Vermont, where the law allows for Small Claims court, you may have more flexibility to negotiate a settlement. However, in states like West Virginia, where hospitals can sue patients and garnish their wages, you may face more challenges.
Here are some states where you might have more luck stopping collections:
- California, where hospitals can only sell patient debt or report patients to credit bureaus under certain conditions
- Maryland, where hospitals are barred from placing liens on patients' homes and protecting low-income patients from wage garnishments
- Pennsylvania, where residents have fewer past-due medical bills on their credit reports than the national average
Keep in mind that these are just a few examples, and the specific laws and regulations in your state may vary. It's always best to consult with a professional or seek guidance from a reputable organization for personalized advice.
Stopping Wage Garnishment by State
Stopping wage garnishment can be a daunting task, but it's not impossible. If you're facing a default judgment, you may be able to stop wage garnishment in your state by taking immediate action.
In California, for example, you can file an appeal or motion to set aside the default judgment. This can be a complex process, but it's worth exploring.
Worth a look: How to Stop Garnishment for Medical Bills
You can't ignore the problem and hope it goes away. In fact, failing to respond to a debt lawsuit can lead to a default judgment, which allows debt collectors to garnish your wages.
In states like Florida and Georgia, you may be able to stop wage garnishment by filing a bankruptcy or seeking debt relief through a credit counseling agency.
If you're facing wage garnishment, it's essential to understand the laws in your state. For example, in Texas, you can stop wage garnishment by filing a motion to vacate the default judgment.
Here's a list of states where you can find specific guides on how to stop wage garnishment:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Settling with Collectors
Settling with Collectors can be a great way to resolve debt issues without going to court. You can settle with many debt collectors, including American Express, Bank of America, Chase Bank, and more.
If you're being sued by a debt collection agency over a medical debt, your chances of settling are good. Debt collection agencies often purchase old debts for a small percentage of the original amount, sometimes even less than 10%.
Check this out: Capital One Bank Debt Consolidation
Some popular debt collectors to settle with include Capitol One, Cavalry SPV, Discover, and Wells Fargo. You can also settle with Midland Funding, Moore Law Group, and NCB Management Services.
Here's a list of some debt collectors you can settle with:
- American Express
- Bank of America
- Chase Bank
- Citibank
- Capitol One
- Cavalry SPV
- Discover
- LVNV
- Midland Funding
- Moore Law Group
- Navy Federal
- NCB Management Services
- Portfolio Recovery
- Wells Fargo
It's essential to file an Answer to the lawsuit before negotiating a settlement to avoid any potential issues.
Sent to Collections
If you're sent to collections for a medical bill, it can be a stressful and overwhelming experience. You might receive multiple calls and letters from the collection agency, trying to get you to pay up.
In the United States, 19 out of 528 hospitals have voluntarily given up aggressive collections, such as reporting patients to credit agencies or suing them. These hospitals are in the minority, and federal action is needed to rein in hospitals and other medical providers.
If you're sued by a debt collection agency, your chances of settling are good. Debt collection agencies often purchase old debts for a small percentage of the original amount, making it possible to offer to pay off 50% or less of the debt.
You can settle a medical bill even after receiving a Summons, but it's essential to file an Answer to the lawsuit before negotiating a settlement. This will protect you from the collection agency trying to file a default judgment behind your back.
If you're in a state with strict regulations on hospital bill collecting, such as Maryland, you may be protected from aggressive collection actions like wage garnishments or liens on property. However, these states remain the exception, and federal action is needed to create more widespread protections.
Here are some states where hospitals have been known to take aggressive collection actions:
- West Virginia
- Alabama
- Alaska
- Arizona
- Arkansas
- California (although some hospitals in California have restricted their collection actions)
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland (although they have restricted their collection actions)
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
How You Qualify
To determine if a hospital can sue you for medical bills, you first need to understand the qualifications for disputing a bill. You can only dispute a bill if you didn't have or use your health insurance to pay for the care.
You must have told your provider before getting care that you weren't using insurance to pay for it. This is a crucial step in the process.
Worth a look: Can You Negotiate Medical Bills after Insurance
You can only dispute bills for care received on or after January 1, 2022. This is a specific date that affects your eligibility.
You'll need a good faith estimate from your health care provider or facility, which you must receive three days before your scheduled appointment. This estimate is a crucial document in the process.
Your initial bill must be dated within the last 120 calendar days, which is about four months. This ensures that the bill is recent and eligible for dispute.
One of your providers or facilities must have charged at least $400 more than their good faith estimate. This significant difference is a key factor in determining eligibility.
Here are the specific qualifications for disputing a hospital bill:
Contacting Collectors
Debt collectors can contact you about valid debts that you owe, but not about debt that isn't yours or that you don't owe.
If you owe a medical bill, debt collectors can contact you to try to collect it. They may try to contact you multiple times before escalating the matter to a lawsuit.
Debt collectors must comply with laws that apply to debt collection, such as avoiding harassing or abusive calls, and following requirements when they report the debt to consumer reporting companies.
You have the right to ask a debt collector to verify that you owe the debt and that it is yours. If you're concerned that a debt collector's practices violate your rights, you can take action to enforce your rights.
Here are some states where debt collectors can sue you for medical bills:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Healthcare News and Trends
Hospitals are increasingly taking legal action against patients who can't pay their medical bills, and the consequences can be severe. More than two-thirds of the hospitals studied sued patients or took other legal action against them, such as garnishing wages or placing liens on property.
This can have a devastating impact on patients, making it difficult for them to make ends meet. For example, a patient's credit score can be affected if a hospital reports them to credit rating agencies, which can make it harder to rent an apartment, buy a car, or get a job.
A quarter of the hospitals sell patients' debts to debt collectors, who can pursue patients for years for unpaid bills. This can lead to a never-ending cycle of debt and stress.
Some hospitals even deny nonemergency care to people with outstanding debt, leaving patients in a difficult situation. About 1 in 5 hospitals researched made this practice.
Many patients are unaware of what can happen to them if they can't pay their medical bills. Nearly 40% of all hospitals researched made no information available on their websites about their collection activities.
Here are some of the ways hospitals can take action against patients who can't pay their bills:
- Sue patients or take other legal action against them
- Report patients to credit rating agencies
- Sell patients' debts to debt collectors
- Deny nonemergency care to people with outstanding debt
Consequences of Unpaid Bills
If you don't pay your medical bills, you can be sued by the hospital or a debt collection agency.
You might receive calls from the hospital's accounts department trying to collect the outstanding amount, but if they can't recover payment, they may sell the debt to a debt collection agency.
A debt collection agency can purchase your debt portfolio at a discounted rate and try to recover the debt from you. If you don't pay, they'll likely report the debt to the credit bureaus, which can decrease your credit score.
A lawsuit is a possible outcome if you don't pay the debt collection agency. You can find information on how to respond to a medical debt lawsuit, but it's essential to address the issue promptly.
Here are some states where a debt collection agency might sue you for medical bills: AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermont; Vermont (Small Claims court)VirginiaWashingtonWest VirginiaWisconsinWyoming
Discover more: Balance Billing Virginia
Sources
- https://www.solosuit.com/posts/summoned-court-medical-bills-respond
- https://www.cms.gov/medical-bill-rights/help/dispute-a-bill
- https://www.consumerfinance.gov/about-us/blog/know-your-rights-and-protections-when-it-comes-to-medical-bills-and-collections/
- https://www.npr.org/sections/health-shots/2022/12/21/1144491711/investigation-many-u-s-hospitals-sue-patients-for-debts-or-threaten-their-credit
- https://kffhealthnews.org/news/podcast/when-hospitals-sue-patients-part-1/
Featured Images: pexels.com
Related Reads

What Is Surprise Billing? No Surprises Act Explained
Learn what is surprise billing and how the No Surprises Act protects patients from unexpected medical costs and balances.
Read more

Streamlining Finances: Electronic Billing Simplified
Discover the benefits and best practices of electronic billing, a secure and efficient way to manage invoices and payments in today's digital age.
Read more

Spotting Bills Fake Money: Expert Tips to Avoid Counterfeits
Spot counterfeit bills with expert tips. Learn how to identify bills fake money and avoid financial scams. Stay safe with our guide.
Read more