Do you have to go to court for unpaid medical bills?

Asked by: Miss April Botsford MD  |  Last update: August 10, 2025
Score: 4.8/5 (18 votes)

If you don't pay a medical bill then it goes into collections. Then you can be taken to court for a judgment…which never goes away until you pay it (along with all the the legal costs and interest tacked on).

What are the consequences of unpaid medical bills?

Medical debt can also lead people to avoid medical care, develop physical and mental health problems, and face adverse financial consequences like lawsuits, wage and bank account garnishment, home liens, and bankruptcy.

Can debt collectors take you to court over medical bills?

Federal law considers initiating legal action to collect on unpaid medical bills to be an extraordinary collections action and also limits how much of a debtor's paycheck can be garnished to pay a debt. In most states, hospitals and debt buyers can sue patients to collect on unpaid medical bills.

What is the law on unpaid medical bills in South Carolina?

South Carolina has a statute of limitations that limits the amount of time a debt collector can legally sue you for a medical debt. In South Carolina, the statute of limitations for most debts is three years. Once this time period has passed, the debt is considered time-barred, providing you a defense to such lawsuits.

Can a hospital turn you away for unpaid bills?

Even if you owe a hospital for past-due bills, that hospital cannot turn you away from its emergency room. This is your right under a federal law called the Emergency Medical Treatment and Active Labor Act (EMTALA).

Can You Go To Jail For Not Paying Medical Bills? - CountyOffice.org

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How can I get out of unpaid medical bills?

7 Tips for Paying Off Medical Debt and Avoiding Collections
  1. Review your bills. ...
  2. Negotiate your medical costs. ...
  3. See if you qualify for an income-driven hardship plan. ...
  4. Look for financial assistance or charity care programs. ...
  5. Consider a payment plan. ...
  6. Use medical credit cards. ...
  7. Consider a medical bill advocate.

How often do hospitals sue for unpaid bills?

A smaller number (about 25%) sell patients' debts to debt collectors and about 20% deny nonemergency care to people with outstanding debt. More than two-thirds of hospitals in the sample sue patients or take other legal action against them.

What happens if you don't pay medical bills under $500?

Waiting to pay can be beneficial

That means if the card becomes delinquent, even debts under $500 can appear on your credit report and hurt your score. Despite the potential consequences of ignoring a medical debt, there are some advantages to letting the bill go unpaid.

Can SC garnish wages for medical bills?

In most cases, a creditor can't garnish wages without first getting a money judgment from a court. For instance, if someone is behind on credit card payments or owes a doctor's bill, those creditors can't garnish wages unless they sue and get a judgment.

Can you ignore a medical bill?

You can take steps to make sure that the medical bill is correctly calculated and that you get any available financial or necessary legal help. If you do nothing and don't pay, you could be facing late fees and interest, debt collection, lawsuits, garnishments, and lower credit scores.

Can a hospital take your house for unpaid medical bills after?

The creditor sued you and won, so you have to come up with a way to pay the outstanding debt. One way that the hospital or doctor now can legally take action against you after they win a judgement would be to seize some of your assets. This means that the creditor can file a lien against your home.

How often do debt collectors take you to court?

More frequently than most consumers probably realize. While precise statistics are difficult to come by, legal experts estimate that several million debt collection lawsuits get filed across the United States every single year.

What is the lowest payment you can make on a medical bill?

But there is no law for a minimum monthly payment on medical bills. If that were true, hardly anyone would need to file bankruptcy for medical debts. The truth is that the medical provider can sue or turn you over to collections if they are not satisfied with the amount that you are sending in.

Do unpaid medical bills eventually go away?

It takes seven years for medical debt to disappear from your credit report. And even then, the debt never actually goes away. If you've had a recent hospital stay or an unpleasant visit to your doctor, worrying about the credit bureaus is likely the last thing you want to do.

What happens if you never pay collections?

If you continue not to pay, you'll hurt your credit score and you risk losing your property or having your wages or bank account garnished.

Is medical debt being forgiven?

Thanks to the American Rescue Plan (ARP), states, counties, and cities are canceling an estimated $7 billion in medical debt for up to nearly 3 million Americans, including: Arizona is using ARP funds to relieve an estimated up to $2 billion in medical debt for up to 1 million Arizonans.

Do hospitals write off unpaid medical bills?

There is no one, clear cut answer to the question of whether hospitals write off unpaid medical bills. Some hospitals do this a lot, some do not do it at all, and there is a wide range of hospitals in between. Many factors go into how and if, a hospital writes off an individual's bill.

Which states prohibit garnishments?

A few have even prohibited wage garnishment for consumer debt entirely.
  • Alabama. ...
  • Alaska. ...
  • Arizona. ...
  • Arkansas. ...
  • California. ...
  • Colorado. ...
  • Connecticut. ...
  • Delaware.

How many people go into debt from medical bills?

Approximately 14 million people (6% of adults) in the U.S. owe over $1,000 in medical debt and about 3 million people (1% of adults) owe medical debt of more than $10,000.”

What is the new law about medical bills on credit reports?

On January 7, 2025, the Consumer Financial Protection Bureau (“CFPB”) published a final Rule (the “Rule”) that prohibits consumer reporting agencies from including individuals' medical debt on consumer credit reports.

How to get out of medical debt collection?

Consumer advisory: Pause and review your rights when you hear from a medical debt collector
  1. Request a detailed list of charges. ...
  2. Negotiate the amount you owe. ...
  3. Submit a complaint. ...
  4. Get legal help. ...
  5. Catch up with CFPB's work on medical debt.

What is the No Surprises Act?

The No Surprises Act protects consumers who get coverage through their employer (including a federal, state, or local government), through the Health Insurance Marketplace® or directly through an individual health plan, beginning January 2022, these rules will: Ban surprise billing for emergency services.

What happens if you ignore hospital bills?

Hospitals have the right to sue patients for unpaid bills, and they may also send your account to a collections agency. This can result in damage to your credit score and additional fees. If you refuse to pay hospital bills after emergency treatment, the hospital may take legal action against you.

What happens after 7 years of not paying debt?

In general, most debt will fall off your credit report after seven years, but some types of debt can stay for up to 10 years or even indefinitely. Certain types of debt or derogatory marks, such as tax liens and paid medical debt collections, will not typically show up on your credit report.

What to do when a hospital sues you?

What should I do if I'm being sued for medical debt? 1. Respond as soon as possible by filing an “Answer” form at the courthouse within: • 20 days, if the summons and complaint was received in person by you or someone else, OR • 30 days if the summons and complaint was mailed to your home.