havingabadyear

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About havingabadyear

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    Colorado
  1. Thanks for the replies, especially Tigger, and the extra info. I called their office to work out payments and the office manager lady is a piece of work. SHE will decide what my budget is. Right. I have to show them my income and expenses and they will possibly take that into consideration. This is just going to suck for a long time.
  2. I go to court soon for the Pre-Trial Conference. I have prepared requests for Discovery and will file if need be. Does anyone in Colorado have experience with F&S? Will they show up or call in? If so, have they prepared the Discovery documents? I was basically forced into a judgment on my other case, as the 'lawyers' showed up with everything I would have asked for in Discovery. I had no case. This one, however, has some discrepancies that I'm hoping will work in my favor. Not optimistic, but if they sense I'm ready to fight it just a little, maybe they will settle for a reasonable amount. Thanks for any input again.
  3. Well that all just went to hell. They showed up with everything I had prepared to ask for in Discovery. I only got them to re-adjust the interest charged to the correct date, saving me a whopping $1500. The lawyer was ok, but the 'office manager' was a sleazeball. There was nothing I could do but agree to the full amount. I now owe $6100 on a $3900 hospital bill. It sucks to be uninsured. He told me they'll work with my budget. Whatever, I have no budget. Too bad we can't all be in the Winners Hall of Fame. I knew nothing good would happen. Completely dejected. Better luck to the rest of you.
  4. I have a pre-trial conference on June 7, and have heard nothing from the collection attorney as far as discovery, interrogatories, etc. I was told by the court clerk that it would just be me and the attorney meeting, and I assume he will just try to get a settlement. Should I ask for discovery at this time, or will they be doing so? I kind of assumed they would be asking me for documents before this conference, since I answered the complaint, but they have not. I don't want to show up unprepared. I got some vague paperwork from the court about discovery (I don't have it with me at the moment but can add later) which I'm not sure how to fill out. Should I come with a settlement offer? thanks for any ideas. This case is in Colorado. Thanks!
  5. The affidavit says the account was charged off in the amount of $5555.55 (or thereabouts, not posting exact details). However, my CR says it was charged off in the amount of $2222.22 (about) and that is the amout being claimed in the lawsuit. Just concerned that they may attempt to ask for that higher amount, or use that as grounds to not negociate on settling the lower amount. I just wasn't sure the purpose of the affidavit, and have heard many people here talking about having it struck. Just trying to learn what this is all about, I have never done this before. Thanks.
  6. Do I need to file a motion to strike the affidavit? Will they use it against me in any way later on? Thanks!
  7. I'm preparing to file an answer to a summons/complaint by an attorney representing the OC. They included an Affidavit stating the original account balance, and that it was charged off at that balance. However, my credit report stated it was charged off at about half that balance, which is the amount the lawsuit is claiming. Why was this affidavit included, and do I mention it in my answer, or address it at some point later? I've read several posts regarding affidavits, but not sure quite how to handle this one best. Thanks for all the help everyone!
  8. FYI, I removed the details from my original post, as I read sometimes these lawyer yahoos are watching forums. I can provide them to answer questions as needed.
  9. I just read that someone else had asked for Discovery before this pre-trial conference, others wait until they go there. Does anyone know the best way to proceed on this? I don't want to wait around for too long if I should do it first. When I spoke with the court clerk, she said she knows this lawyer is generally good to work out settlements with. If I ask for Discovery before the conference, will they still try to settle right away, or will doing so irk them enough to pursue trial/judgment? Again, my goal is to settle on the original amount without the interest/fees they have added. Thanks!
  10. I'm in Colorado. I filed an answer for a summons and have a pretrial conference set for June 7th. It will apparently be just me and the Collection Agency Lawyer, no judge. A little background on this case, the original debt was a hospital bill through XXHealth, 2007, for which we got a bank loan in connection with XXHealth. So they were paid. We went 60 days late on the loan pmt, and XXHealth repurchased the loan. They sent a letter in 2010, and I lost track of it and did nothing further. Now a local CAgency has the account, demanding the remaining balance near $4000 plus almost double that in interest and fees. I filed an answer denying the charges, and included a few affirmative defenses. I don't have it with me at the moment but can post later if needed. The summons had no mention of the bank loan, only the OC, XXHealth, the date of the hospital service, and the correct amount that remained on the loan after they repurchased. Last pmt on the loan was in 2010, but I did mention the SOL on Goods and Services, which is 3 years in Colorado, thinking they might look at the 2007 date and dismiss. Not likely, but I added it just in case. If it's just me meeting the lawyer, what should I prepare for? Obviously he will attempt to get me to settle, which in all honesty I would prefer to do. But not for $7000+!! Should I bring my own settlement offer and start with that, or should I refuse settlement and ask for disclosure? Again, I'd rather not go further in court, as I"ve heard here that Medical cases are different and this is no JDB. Thanks for any input, I am learning a lot here, and starting on my road to fixing our debt/credit issues.
  11. I believe in Colorado the defendant must be served in person, or signed for by a resident of the household who is 18 years or older.
  12. I am Havingabadyear. I have been served by two collection agency/lawyers for two medical debts. I knowingly signed for one. The other one niether my husband or myself signed for, but I found it on the dining room table. It could have been brought inside by one of the kids at one point, I'm not sure, but they did not sign for anything. At the time I did not realize it was a real summons/lawsuit and I stuck it in my bills drawer. Now I'm not sure which one I actually signed for. I have filed an answer for the one with the first court date, and included Improper Service in my AD's. But I cannot recall if it was truly that one or the second one that no one signed for. Sorry for the wordy explanation there, but I'm wondering if there's any way to find out who served each one and who signed for them. I'm in Colorado. Thanks all!