What are the legal implications if you visit the usa and you don't pay a hospital bill whilst you're there?
Someone I know was landed with a $5000 bill for medical treatment in the usa. They paid $1000 before leaving the country and they haven't paid the rest and they don't have the inclination to pay the rest. They are planning to go back to usa but i wondered what would happen once they set foot there. I don't want this person to get into trouble but I do want them to realise how serious this is. Can someone give me an reply?
Answers:
Your friend isn't inclined to pay the rest? What a winner! Just the sort of person we want to come to the US!
One repercussion is that if the person requires a visa, and the debt is known to the consular officer, the visa won't be issued at least until the debt is repaid,or possibly never; and if your friend is benefiting from the Visa Waiver Program, those privileges can be revoked - such a person is considered a public charge. The reasoning is sound - hospital bills left unpaid by foreign nationals are not just magically "written off" - the money comes from somewhere - either government funding, at taxpayer expense, or in the form of increased medical costs. That is why travelers are expected to have insurance coverage when in the US.
it is a civil matter, without any bearing on travelers. The hospital will most likely write off the account as unpaid and a loss.
I would imagine the hospital will have written the debt off by now and I dont see the immigration or the police getting involved with what is in fact a civil action IMO NOTHING REALLY MUCH TO WORRY ABOUT. The problem will come if they require medical treatment whilst over there
A bad debt in the U.S. is going to follow this person around while in this country. The longer the person is here, the worse it will get.
If it is not paid, the person owing the money will have to explain every time they try to rent an apartment, utilities, get a phone, a car, car insurance and just about anything else it takes to live in U.S.
It would probably be best for all concerned if they just did not come back to U.S.
Well they owe the money no matter where they are, but its not like there is a debtors prison in the U.S. or an international watch lists for bad debts. What happens when someone uses the U.S. legal system to collect a debt is that the person owed the debt sues the debtor in civil court. The debtor either gets served a summons or is served by publication, which means that the person owed the debt puts an ad in the paper saying that the debtor is expected in court on a certain day. If the person does not show up a default judgement is entered against them and whatever assets they have are available for seizure by the party owed the money, up to the value of the debt. In a practical sense, given the situation you describe the person has probably ruined their credit, and if they are moving back to the U.S. to stay they will probably get harrassed and/or sued by a debt collector. If there is a court order that has been violated there may be a contempt warrant for their arrest, but these are usually only enforced in the county of the state where the warrant has been issued and they are rarely issued anyway. If they are only going for a visit they are probably ok.
They will be jailed as soon as they arrive at immigration not only that but Tony Blair signed some kind of extradition agreement with the Americans so he could be extradited
Not sure of the legal complications, jail time and what not. I think your friend would have a record and probably be fined or put in jail. I do know that the hospital will have to foot the bill so I would imagine they would make a complaint. If I was your friend I wouldn't set foot here till the bill is paid in full with a receipt.
I think your friend needs to settle up his bill.
Sounds like he's a jackass if he plans to blow off the rest of it. And if he's that way, we'd rather not have him back in America, thank you very much.
Nothing will happen. The hospital will write the debt off as noncollectable. It's a civil matter and, as long as no fraud was involved, there's nothing of a criminal law nature that can be done.
I hope he does not need medical attention while he is over there
oncethey get back they will be billed if they dont pay they can be denied entry or sent home during thier visit. if they catch it that is. immgration is very good at collecting . be careful
See Cornell Law School's primer on Creditor/Debtor Remedies http://www.law.cornell.edu/wex/index.php... which provides by way of an overview:
Creditors use judicial and statutory processes to have debts satisfied. Attachment is a limited statutory remedy whereby a creditor has the property of a debtor seized to satisfy a debt. Garnishment allows a creditor to collect part of a debt (for example wages) to satisfy the obligation. Replevin allows a creditor to seize goods, such as a security interest, that he or she has a property interest in, to satisfy the debt. Receivership involves the appointing of a third party by a court to dispose of the debtor's property in order to satisfy the debt. Creditors commonly seek to create a lien on a debtor's property through a judicial process of lien creation, which is governed by state law. Once a lien has been created state statutory law governs how the lien is executed against the debtor's property. The sale of property subject to a lien to satisfy the debt is also governed by state statutory law. Federal and state statutes, and the Federal Consumer Credit Protection Act also limit the type of property that can be used to satisfy a debt.
See also Families USA on health billing http://www.familiesusa.org/consumer-info... :
Medical Debt and Debt Collection: Uninsured patients often can not afford to pay for treatment related to an emergency room visit or hospital stay which is a good reason for patients to only seek emergency room treatment for true emergencies. The inability for patients to pay their bills has not necessarily impeded strong debt collection tactics by providers and hospitals specifically. Some states are seeing hospitals and contracted debt collectors freeze patients’ bank accounts and even pursue arrest warrants (also referred to as “body attachments”) when patients fail to appear for court hearings. More on medical debt is found in an issue brief by The Commonwealth Fund, Unintended Consequences: How Federal Regulations and Hospital Policies Can Leave Patients in Debt, published June 2003 and updated June 2004. Also see the Access Project's studies.
Many hospitals have charity programs for patients who meet criteria. These programs are often times not publized and therefore patients do not know that they exist. If patients incur hospital bills that they are not able to pay, then they should inquire about the hospital's charity or indigent care program. A common criteria for eligibility is the patient has to apply for and be denied Medicaid and applications may even be accepted after an account has been sent to collections.
Consumers should always seek to resolve issues involving outstanding bills and try not to ignore medical debt as it may cause negative credit ratings or subject them to unwanted debt collection practices. Some resources for counseling consumers are under the heading "Helping Consumers Deal with Medical Debt", located here.
Related Conference Calls: "Good State Laws and Policies About Hospital Billing." This includes some model laws that may by of interest to advocates.
It's important to note that creditors' remedies operate worldwide. You can run but you usually can't hide assets. If debtor doesn't appear in court to answer debt charge, hospital obtains judgment in hospital's favor, which allows hospital to pursue debtor subject to a court order enforcement act in debtor's jurisdiction. Most countries have legislation respecting one another's judgments.
Your friend would be well advised to contact the hospital to set up some sort of payment schedule or s/he may wake up one day soon to discover the bank acct has been frozen.
That is why they should stay where they are and not come to the US to sap off of our system.
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