VParadis Posted May 13, 2005 Report Share Posted May 13, 2005 Can a hospital combine two separate collections into one lawsuit? Got a summons for both of us and it lists a $2,500 collection for him, and a much smaller one (under $500) for me. He received medical treatment about a year ago, but the collection for me is at least four years old and I'm not sure what it is for. I just know I haven't had any treatment since then.To complicate matters, a couple of weeks ago, I sent the hospital a two thousand dollar payment on his account, but the summons doesn't reflect this. Should I send the attorney proof of the payment I made directly to the hospital? The check has cleared, so it wouldn't be difficult to prove. In the same letter is it okay to ask what in the heck the other charge is for?Is a letter okay at this point? If I get no response, of course, I'll definitely have the legal responses ready before the court date, but I'm hoping to get this resolved before then.Thanks!!!!! Link to comment Share on other sites More sharing options...
willingtocope Posted May 13, 2005 Report Share Posted May 13, 2005 If you sent the check to the hospital, I'd suggest you call their receivables people and ask them what the heck is going on. If they got your money and cashed the check, they should have called off the lawyer. If they get nasty or uncooperative you might mention the part about OC's being responsible for the action of their CAs, and the FCRA about reporting inaccurate info. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted May 13, 2005 Report Share Posted May 13, 2005 You have to answer the complaint, otherwise they will take a default against you. Complain in writing to the hospital CEO. You should hear something quick. But don't ignore the lawyers. Send them a letter certified mail asking for 60 days to answer the complaint as you need the time to hire a lawyer to defend you. Don't mention the payment or anything, just that you do not want to ignore them, you understand the gravity of the matter, and you need to seek counsel and as they know, it can take time. Link to comment Share on other sites More sharing options...
VParadis Posted May 13, 2005 Author Report Share Posted May 13, 2005 Any particular reason why I shouldn't mention the payment? My initial thought was to inform them that suing for money I've already paid makes them total idiots. (Of course I wouldn't phrase it that way.) I would like to get a continuance, since I have only two weeks to answer their suit, but I thought that had to come from the court? I'm not doubting anyone's expertise, but I'm paranoid that if I ask the opposing attorney for a continuance, they'll tell me yes, but then they'll go to court on the original court date and get a default judgement. I will also write to the CEO at the hospital, but I don't have a lot of confidence that they'll be interested in resolving anything, even if they are clearly wrong. It is the only hospital in our area, and it's terrible. If it hadn't been an emergency, we would NEVER have gone there. I've been called for jury duty several times, and every potential case where I might have been a juror has been someone suing the hospital for malpractice. And the plaintiffs win A LOT. So far I've never been selected as a juror, but I have a feeling it's because my hatred for the place comes through when questioned by the attornies. Anyway, that's probably way more than anyone wanted to know. Thanks for your responses! Link to comment Share on other sites More sharing options...
willingtocope Posted May 13, 2005 Report Share Posted May 13, 2005 Yes, I beleive the continuance does have to come from the court. I'm thinking that RA meant send BOTH the attorney and the court a request for continuance...Personally, I still try a call to the receivables people at the hospital. Just because the doctors are quacks doesn't mean the clerks are clucks. It couldn't hurt, and as long as you get them to send whatever in writing, you might get this all resolved without even going to court. You might even try a call to the CEO's office if the clerks don't help... Link to comment Share on other sites More sharing options...
Recovering Attorney Posted May 14, 2005 Report Share Posted May 14, 2005 I don't know where paradis is, but in mant lower courts, the court is not involved in the pleading stage. So you could send a letter to a court that will be ignored. At least in NYS that is true. READ THE SUMMONS. It will tell you who to send a response to. In some respects, I understand. As a lawyer if I sued someone and I got a amorphous letter that didn't tell me much I would ignore it adn take a judgement, But if you send a note saying you want tme to get a lawyer becsue you want to defend yourself but don't know how, and you sent it certified mail so you can later prove you sent it and they got it, well, I would think twice before taking that default. And you want to see if you can get to the OC before having to deal with the lawyers. The goal is to have the OC call off the dogs, as it were. But if you are convinced the hospital is not willing to resolve this because they know of you harbor enmity towards them, then why bother? Better to let the default be entered and blame the lawyers Link to comment Share on other sites More sharing options...
VParadis Posted May 14, 2005 Author Report Share Posted May 14, 2005 I was genuinely confused and just trying to clarify why you advised as you did so that I understood and didn't do the wrong thing. I did READ THE SUMMONS and it only says where and when to appear "to answer the allegations in the petition filed by the above-named plaintiff". I've read about too many attorney's "pulling a fast one" as it were, on defendants who weren't informed as to their rights and I don't want to fall into that category.My lack of confidence in the hospital is not because I believe anyone there knows I'm less than pleased with their services!!! I've been sued for money I've already paid - I think that's a valid reason to doubt the compentancy and level of concern from the administrative side of the hospital.No one will be getting a default judgement against me. Thanks for your help, and I'm sorry if I came across as a stupid, arguing idiot. I don't get sued every day and I was feeling some panic when I wrote my post. I won't bother this forum again. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted May 14, 2005 Report Share Posted May 14, 2005 My apologies to you. I was a bit cranky. I think you have received some good advice here. However, if you think you are facing incompetence and brutish lawyers, and this affair is important to you, go see a lawyer. You certainly can argue for yourself, but maybe yo need help navigating the system. Link to comment Share on other sites More sharing options...
willingtocope Posted May 14, 2005 Report Share Posted May 14, 2005 VParadis: Please don't confuse us with that other "free advice" forum where people try to belittle others rather than help them solve their problems. We're all here to help each other...we don't always say what others want to hear, but we're not trying to make a bad situation worse...Sorry if you thought otherwise... Link to comment Share on other sites More sharing options...
Recommended Posts