Advise regarding a small claim for medical bills
I have been just served with a summons to appear for a court date in small claims court. what happens if I cannot appear to teh court date?
Re: Advise regarding a small claim for medical bills
If you do not appear a judgment will surely be entered for the full amount demanded in the complaint and you will be ordered to file a financial disclosure statement.
The creditor may be able to garnish your wages and/or your spouse's wages (if he/s he is working). If you are garnishable the creditor can reach 20% of your usual take home pay. You cannot be garnished if you have received need based assistance within the last 6 months or if your family income would be become below the poverty line for the size of your family.
The creditor would also be able to levy execution to recover any non-exempt assets you might have. Wisconsin provides exemptions from execution too numerous to list here. Some exemptions such as for homesteads, motor vehicles and household furnishings have a dollar limitation.
If you do appear, or if you contact the creditor prior to the appearance date, you may be able to negotiate a reduction in the amount owed or save some court costs or even enter into a stipulation for a payment plan in lieu of a judgment. So you should consider doing this even if you owe the money.
If you contest the case and cannot appear you may retain an attorney to appear for you, but unless you are a business you cannot have anyone else appear for you.
