Glk Posted April 4, 2005 Report Share Posted April 4, 2005 I got served with a Civil suit for about 3,000 by an attorney for RMA 37 days ago these are all medical bills from 4 different OC. I filed my answer on the 18th day and flat out denied 2 of the claims, and the others said denied because I didn't have enough information. I did not file a counter claim against them.The 2 counts that I flat out denied and gave my reasons why,1) SOL has expired date of summons was '99 also on that same count I was only 16 in '99. I was living with my sister who did not sign anything and died 12/31/05.2) Another count my response was that I did not owe the amount stated and never owed that lab any amount, due to the fact that anything that what was owed was pd. to the clinic that provided the service, which the clinic then pd the lab. This is the argreement the lab and clinic has. So I should of never got a bill from the lab in the first place.When I sent my answer to the CA Attorney, I also included in there a DV letter and had it sent registered mail.I have still not heard anything back from the CA or the courts. What would typically be the next thing that I would receive? What is the actual SOL for medical bills? Can I still file a counter claim? "I did put in my answer that I reserve the right to file counter claim at a later date" Is it legal that they put the debt all together? So that if I would of made a payment if by chance something was valid that it would restart the SOL on everything?Could I file a motion to dismiss? Anything else that would be helpful to me? I have read through previous posts time and time again. I actually got my information for my answer from here.By that way my current state is Idaho.Thank You!!!GLK Link to comment Share on other sites More sharing options...
Glk Posted April 6, 2005 Author Report Share Posted April 6, 2005 Does anyone have any thoughts or any website that I can answer my questions? Link to comment Share on other sites More sharing options...
willingtocope Posted April 7, 2005 Report Share Posted April 7, 2005 Sorry to see you just hanging there. Not sure I've got your answers, but here's my thoughts.If my math is right, its been a little over 2 weeks since you filed you replies. You did send a copy to the court, right? You might want to call the local clerk of courts and see if there has been anything else done on this. I would guess...note, guess...that it might be several months before the attorney would answer, but you'd have to check with you local court to see if there are any rules about such things.It could be that your initial answers scared him away. CA lawyers are after slam dunk things (particularly when they're this old) so if he has to put any work into it, he might have given up already... Link to comment Share on other sites More sharing options...
Glk Posted April 7, 2005 Author Report Share Posted April 7, 2005 Thanks for the advice. I will check with the court on the status of the claim. Is it to late for me to file a counter claim?Also, I pulled all my CB's and they have taken off the account that reached SOL. Updated the account that the OC never even should of been collecting on to say that I owe $8 now. "My Dr. office pays the lab then the Dr. office collects payment from me". I have confirmed that the Dr. office did pay the lab in full.. So why the lab is trying collecting from me is anyones guess.Is it to late to file a Counter Claim on this? I think I have them on a couple of violations. Link to comment Share on other sites More sharing options...
willingtocope Posted April 7, 2005 Report Share Posted April 7, 2005 It sounds like your DV may have caused this idiot to review some records and correct some things which gives him an "innnocent error" defense against some violations. I'd suggest you just see what's up with the other 2 charges...but again, be sure to check with the court... Link to comment Share on other sites More sharing options...
blacksurfer Posted April 7, 2005 Report Share Posted April 7, 2005 You could write them demanding they dismiss the case "with prejudice" meaning they can't refile because of the SOL. Then say if the case is not dismiss you will counter sue for the violations. Link to comment Share on other sites More sharing options...
Glk Posted April 7, 2005 Author Report Share Posted April 7, 2005 Can I request that it all be dismissed all together. They have 4 counts listed. Would they say just forget the togethers? Link to comment Share on other sites More sharing options...
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