rickmetal37 Posted October 29, 2004 Report Share Posted October 29, 2004 i had a medical bill 3 years old for $1000, i had no medical insurance, am still getting disability payments due to my serious illness.The colection off sued me, i called and reached an agreement for some bucks a months.i signed and kept a copy, they have to notify the court about this agreement,(the creditor) and the court has to notify me about this?? i dont want to be waiting and loose.i know i have 35 days in NJ to answer a complaint, but anyway, it seems the creditor was very happy when i called to offer payments, but i dont trust them.what i do?? wait to receive any notice from the court ?i dont want to call the creditor again, i hate those peoples.please help. thank you Link to comment Share on other sites More sharing options...
willingtocope Posted October 29, 2004 Report Share Posted October 29, 2004 Rick, we need some clarification here, I think...What exactly do you mean by "collection office"? If its a collection agency...meaning someone who doesn't actually work for the medical provider...then you have an additional problem, but regardless...If the medical provider was a hospital, then you should call them and ask about their "hardship" programs. Most hospitals have programs for helping people without insurance.You need to realize that the "collection office"and the "creditor" may be two different organizations. The creditor is the people who treated you, and you should be able to work with them. The collection agency doesn't care...all they want is money...and they will be as hard to get along with as the can to make you pay. Link to comment Share on other sites More sharing options...
rickmetal37 Posted November 3, 2004 Author Report Share Posted November 3, 2004 i was sued for a colection agency or law firm. the same day i received the summons i called and they agreed to accept payments for $20 amonth.this is a old medical laboratory bill.i signed a contract i kept a copy and returned the other to them.ok, this is my question.the colection agency has to notify the court about this contract or agreement,? because, if not, how come the court will know?My second question is, the court is going to notify me about this?? or what?? because if the colection agency is making tricks with me, i have to answer the complaint and to go to court and i have only 12 days left already.I ask this question again, because i couldnt get any answer.with this forum, i think i wasnt clear, before. Thank you, i really need to know,if not, i will go to the court, myself to ask. or called the debtor, (i dont want it)Help. Link to comment Share on other sites More sharing options...
willingtocope Posted November 4, 2004 Report Share Posted November 4, 2004 Well, I think the place to start is with the court. Call them and see if there is a court date or some other record of the lawyer taking action against you. If there is, explain that you have come to an agreement with the lawyer, and that you have a signed contract with him. Then ask the court's advice as to what to do next.It could be that the lawyer either hadn't as yet filed the court action or that he chose not to follow up on it, but you won't know until you ask the court. Link to comment Share on other sites More sharing options...
breathing_easier Posted November 4, 2004 Report Share Posted November 4, 2004 rickmetal37: I would not leave it up to the collection agency to notify the court of your payment arrangement agreement. I know you don't want to, but you need to call the collection agency and have them provide you with a copy of the "Motion for Dismissal" that they filed with the court to have their Complaint retracted. If they don't provide you with their Motion for Dismissal within a few days, then you definitely need to file an Answer with the court. You only need to go to the clerk's office to file your Answer (or do it by mail using certified mail). After receiving your Answer the court will set a date for hearing/trial. Attached to your Answer you will want to include a copy of your payment arrangement with the collection agency. If the collection agency does not file a Motion for Dismissal by the date the clerk sets the case for hearing/trial, then you know that their intent was to get a judgment as "insurance" in case you do not follow through with the payment arrangements. Therefore, even though it may seem scary and unpleasant, you really need to be assertive and demand a Motion for Dismissal from the collection agency and then, if not received within a few days (since time is short before your Answer is due), file an Answer with the court. Don't be afraid...you have a lot of friends on this board who will stick with you during the entire procedure. Link to comment Share on other sites More sharing options...
breathing_easier Posted November 4, 2004 Report Share Posted November 4, 2004 Then ask the court's advice as to what to do next.It could be that the lawyer either hadn't as yet filed the court action or that he chose not to follow up on it, but you won't know until you ask the court.The clerk of the court should tell you what's on file with the court; however, they will not provide advice as to what to do next. That is considered "legal advice," and they're not allowed to give it. Link to comment Share on other sites More sharing options...
rickmetal37 Posted November 4, 2004 Author Report Share Posted November 4, 2004 i went to court today to find out.They told me that the court knows about my payment agreement, Stipulation of Settlement(they looked on the computer)but when i received that document to sign from the CA, i got a letter that say,WHEN THE ACCOUNT HAS BEEN PAID IN FULL< THE LAWSUIT INSTITUTED THEREIN WILL BE DISMISSED.i think they are going to keep the lawsuit in court forever until i finish to pay (25 a month, $1000, will be like 5 years.Please, some comments.will be appreciated, i think i am doing ok, but if one day i cant keep my payment and i file for BR, what will happened with them??? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted November 4, 2004 Report Share Posted November 4, 2004 what would you expect them to do? What if you can't make a payment? I did this all the time for people I sued. Take a little each month, but the prosepct of a quick judgement was the security against the debtor failing to make good. You did fine. Just stay with it! Link to comment Share on other sites More sharing options...
breathing_easier Posted November 5, 2004 Report Share Posted November 5, 2004 i think they are going to keep the lawsuit in court forever until i finish to pay (25 a month, $1000, will be like 5 years.Please, some comments.will be appreciated, i think i am doing ok, but if one day i cant keep my payment and i file for BR, what will happened with them???My guess is that you will have this debt paid off long before five years. Right now money might be tight, but things are bound to get better. Perhaps you can devote your entire 2004 tax return towards this debt. Or perhaps you will get a bonus at work, or sell some things on eBay and apply the proceeds toward the debt. If you put your mind to it, I'll bet you can find different ways to bring in some extra cash. Think positive! Link to comment Share on other sites More sharing options...
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