Can You Go to Jail for Not Paying Medical Bills? Complete Guide
You can’t be imprisoned for not being able to pay for medical charges. Within the United States, millions of suffer from medical debt each year. Inconvenient hospitalizations, surgeries or urgent treatments could result in patients having hundreds, or even thousands, of thousands of unpaid medical expenses. However, refusing to pay the bills or failing to respond to court proceedings that are related to them can cause grave legal and financial consequences. Medical debt is an issue of civil nature, not a crime.
Medical Debt Is a Civil Issue, Not a Crime
According to U.S. law, debt isn’t a crime. This includes personal loans, as well as medical bills. It was the United States abolished debtors’ prisons in the 19th century, which means you are not incarcerated simply because you have a debt to an institution or collection agency.
If you do not pay for a medical expense or medical bill, your health care provider or billing department may issue reminders, and then transfer the debt to an agency for collection. After that, it will be reported in your credit file, and adversely affect your score on credit.
If the debt is not paid then the collection agency may bring a civil suit to recover the funds. If they prevail the court will declare a judgment against you, permitting the collection agency to garnish your wages, seize money in your account or even impose liens on your properties. The good news is that none of it will require prison time.
When Jail Becomes a Possibility (Indirectly)
Although you aren’t required to be in jail due to medical bills, you could get into legal trouble if do not follow court orders or don’t attend a debt-related hearing. The way it happens:
1. You’re Sued for Unpaid Medical Bills
The collection agency or creditor file a lawsuit. You are served with an official summons from the court, informing that you are subject to a hearing.
2. You Fail to Appear in Court
If you don’t reply or appear in court, the judge can make a default judgment in favor of the lender.
3. You Ignore a Court Order
Following a judgment, a creditor could demand an “debtor’s examination,” where you are required to appear and provide the financial information you have provided. If you do not show up or do not abide by the judge’s directions the court may issue an order of bench to arrest you, not in relation to the debt itself or for a violation of the court.
It’s often misinterpreted as “arrested for debt,” however legally, you’re punished for not obeying the court’s order but not for being in the position of being in.
How Collection Agencies and Courts Pursue Medical Debt
If you have medical bills transferred to collection The agency will attempt to reach you via phone, mail or via email. They might offer settlement or payment plans. If they decide to sue you, they’ll send you an official court summons.
Inability to take action is a huge error. A judgment from the court allows creditors to:
- Garnish earnings (in the majority of states up to 25 percent of your income)
- Levy bank accounts
- Put Leasing upon real property
Some states have more robust consumer protections than other states. Certain states, for instance, limit wage garnishments for medical debts, whereas other states exempt certain assets such as Social Security or retirement income.
Protecting Yourself From Legal Trouble
If you’re having trouble paying medical charges, here’s how you can prevent the problem from becoming worse:
1. Do not ignore medical bills and court summons. Even if you’re unable to pay, you must respond to each notification you get.
2. You can ask for an installment plan or financial aid. A lot of hospitals offer “charity care” or income-based hardship programs.
3. Be aware of your rights. In the Fair Debt Collection Practices Act (FDCPA) Collectors cannot be threatening, harassing or deceive you.
4. Find legal advice. Legal aid organizations that are non-profit can assist you with responding to legal actions or discuss debt relief.
5. Check for billing errors. Medical billing errors are not uncommon Make sure you get an itemized bill to examine the charges.
The Bottom Line
You are not able to go to jail to pay medical bills unpaid, but you may be subject to lawsuits, wage garnishments or credit loss if don’t pay the demands. Jail is only risky when you violate an order of a court, not the debt the debt itself.
In this sense, the law safeguards you from being imprisoned because of the midst of debt, but it doesn’t safeguard against the financial ramifications of not paying attention to it. If you’re overwhelmed by medical expenses Action and communication, not avoidance, are the best way to protect yourself.
