I'm being sued over a medical bill. What should I do?

How do I know the lawsuit is real?

A real lawsuit is filed in a court. The papers you get, usually a summons and a complaint, name the court, give a case number and say how long you have to respond.

To check, look up the court yourself and call its clerk's office, using a phone number from the court's official website, not one printed on the papers. Ask whether the case exists and what your deadline is. Don't pay anyone who calls or writes to say you will be sued or arrested unless you pay today: check first.

Even if you think you don't owe the money, a real lawsuit doesn't go away on its own. You have to respond.

How long do I have to respond?

The deadline depends on your state, the court and how you received the papers, so there is no single national number. It is written on the summons. Count from the day you were served, and if anything is unclear, ask the court clerk or legal aid that same week.

Responding usually means filing a written answer with the court, and in some courts also appearing on a set date. Court self-help centers and legal aid programs can show you how.

What happens if I don't respond?

The court can decide against you without hearing your side. That is called a default judgment. With a judgment, depending on state law, the creditor may be able to garnish your wages, take money from a bank account or put a lien on property.

If you missed the deadline, contact legal aid right away: they can tell you whether the judgment can still be challenged.

What defenses might apply to a medical debt?

Only a lawyer can tell you which defenses fit your case. These are questions to raise with legal aid:

• Is the debt too old? Every state sets a time limit for suing over a debt. A collector must not sue on a debt whose time limit has passed, but the limit protects you only if you raise it in court Source 11. Our guide on the statute of limitations lists the states whose limits we have read.
• Is the amount right, and is it yours? Check the provider, the dates of service and what your insurance paid. If a collector sued, ask whether you disputed the debt in writing in time and whether it answered Source 22.
• Did a nonprofit hospital follow its rules? A lawsuit is an extraordinary collection action Source 33. A nonprofit hospital must wait after the first bill before suing, and must warn you in writing first. The wait is at least 120 days (IRS, published July 2, 2026). If it had your complete financial assistance application, it had to stop such actions until it decided Source 33.
• Should someone else have paid? If you had Medicaid when you got the care, a provider that takes Medicaid generally may not bill you beyond your allowed cost-sharing Source 66. If you are a Qualified Medicare Beneficiary, providers may not bill you for Medicare cost-sharing Source 77. If you have insurance and the bill is a surprise out-of-network bill, the No Surprises Act may protect you Source 44.
• Was there a dispute about a good faith estimate? If you were uninsured or paid yourself and started a federal dispute over a bill far above your estimate, the provider could not send the bill to collections while it was open Source 55.
• Does your state limit these lawsuits? Some do. For example:
  • New Jersey. A creditor may not sue while an appeal of the insurance decision behind the debt is pending (P.L.2024, c.48).
  • Maryland. Hospitals may not sue over very small medical bills and must give patients time to apply for financial assistance first, as the state regulator describes the law (Maryland Office of Financial Regulation).
  • Nevada. A collection agency may sue on a medical debt below the small-claims limit only in small claims court (NRS chapter 649).
  • Illinois. A hospital may not sue an uninsured patient who has shown they have neither the income nor the assets to pay and has cooperated as the law requires (210 ILCS 88/35).

You can still apply for the hospital's financial assistance during a lawsuit. If a nonprofit hospital finds that you qualify, it must refund what you paid above what you owe and take reasonable steps to undo collection actions Source 33. Our guide to charity care explains how to apply.

Can they garnish my wages or take my home?

Not before a judgment, and even after one, federal law protects part of what you have:

• Wages. For ordinary debts such as medical bills, a garnishment may take no more than a set share of your weekly disposable earnings, and less if your pay is low. The share is 25% (US Department of Labor, Wage and Hour Division, Fact Sheet #30 (Consumer Credit Protection Act Title III), published December 2024). Your employer may not fire you because your wages are garnished for one debt Source 88.
• Federal benefits in your bank account. When a bank gets a garnishment order, it must protect the Social Security, veterans', federal retirement or railroad retirement benefits deposited directly into the account in the two months before it reviews the account Source 99.

Some states protect your home or your wages from medical debt judgments, among them New York, New Jersey, Rhode Island, Maine and Maryland. Our guide on medical debt in collections lists what each one covers, with links to the laws. State law also decides which property is exempt from collection, so ask legal aid what applies to you.

Where can I get free legal help?

• Legal aid. Find a free legal aid program in your state at LawHelp.org. Call as soon as you get the papers, because your deadline keeps running while you wait.
• The court's self-help center, if your court has one. It may have forms and staff who can explain the steps.
• The Consumer Financial Protection Bureau (CFPB). If a collector broke the rules, for example by suing on a debt that was too old, you can complain at consumerfinance.gov/complaint or 1-855-411-2372 Source 55.

When should I talk to a bankruptcy lawyer?

Consider it if you are being sued over more than one debt, if your wages are already being garnished, or if your debts are far larger than you could pay in the next few years. Bankruptcy is a federal court process with several chapters, each with its own rules, so get advice before you decide. The federal courts explain the basics in Bankruptcy Basics, which is general information, not advice for your case.

Legal aid can tell you whether bankruptcy makes sense, or whether answering the lawsuit and asking the hospital for financial assistance could solve the problem.