Q: Can I be placed in jail over a medical debt from a collection agency who has an attorney now representing them?
I have a debt collection agency who is represented by an attorney who has taken me to court and still hasn't provided details on what the medical bills are for. I just know they are from at least 2009; I was pulled over last year and was sent to jail over a bench warrant that was issued back in 2013 from what their attorney told me. For me to be released I had to pay the attorney 500 on that day and all he said was his client is trying to collect on medical bills and now I am still trying to settle what this is so I don't go back to jail. This doesn't seem right to me and I would like to get some advise...
A: You don't go to jail for not paying the debt. You go to jail for not appearing in court when the Judge orders
you to appear. Generally, it is after a judgment is awarded to the creditor and they file for a hearing on assets. You are served with an order to appear at the hearing on assets with a list of documents you must bring (ie. last 2 years tax returns, vehicle titles, deeds to real property, bank statements) to the hearing. The creditor is trying to determine how they can collect the judgment. Failure to appear at the hearing is what triggers the bench warrant. The bigger counties in Oklahoma don't have time to serve all of the warrants so you usually find out about it when you are stopped for a traffic violation.
Since they already have a judgment I don't know that you can make them produce the bills. Its a complicated situation - you should seek the advice of an attorney and they can review the docket to determine how to proceed. Good luck!
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