NCO Financial Summons & Complaint

[allstar18]

I received a Summons & Complaint on Saturday 1/12/08 @ 8:45pm from NCO Financial regarding a medical bill from 2006 - the hospital is St Joseph's. Anyway, to bring the story to current:

I was in the ER for a kidney stone (if I remember the reason accurately) and when I was leaving, they gave me a financial aid packet to fill out and send back. I did this, heard nothing for a few months. My dad started getting harassing calls at his business - numerous calls and the woman would not identify herself or state her reason for calling. After about a couple weeks he got fed up and told me about it and gave me the number she was calling from.

I called and found out it was NCO and it was for a the hospital bill, which I thought was taken care of. Apparently the packet never reached the hospital - I told her I didn't have the money so she stated she'd send out another packet.

I received the packet and filled it out then sent it back to NCO - where she insisted it be sent to and to her attention. Sadly about a month back I threw out all my paperwork associated to this so I have no copies of anything. The only thing I get is a Summons & Complaint that was filed in December '07 - and received by me a couple nights ago.

I called the hospital - they are sending me out a new financial aid packet to fill out and send back - the woman stated that if it was approved, then the lawsuit would be taken care of. Great I thought! Then I asked her if she ever received the paperwork from NCO - she said no.

I then called NCO and spoke with the same woman from over a year ago - she stated that the application was incomplete and she made several attempts to call me about it. ( This was a blatant lie! ) I never received ANY phone calls - my only correspondence was the summons, MONTHS later. She said she needed bank statements ( which she has 3 mos of my bank transactions - but she stated this wasn't good enough ). Also said she needed a copy of my rental agreement for the house I live in....anyway she played the "semantics" game with me as to why she didn't send it in to the hospital. I just outright asked her, is it incomplete according to YOUR standards or the hospitals? She stated, "the hospital's". She admitted she never sent it in to them - which she really did have a complete application but was playing games as to why she didn't turn it in to them.

So I guess, with this information, my question is what to do? Just fill out the app from the hospital again and go from there? I also have to answer the summons within 20 days and file it with the court as well - do I have them on any violations for their collection practices? Can I counter sue? Should I bother?

Here is their complaint:

Plaintiff alleges each account herein listed as a separate claim with Paragraphs I through IV as to each claim:

I. This claim has been assigned to plaintiff for collection.

II . Plaintiff is a Washington corporation in good standing, is duly licensed and has satisfied all bonding requirements.

III. During all material times defendants above were and are married and the obligation hereinafter pleaded is the community and separate obligation of each.

IV. Defendants are subject to the jurisdiction of this court.

V. Defendants became indebted to ST JOSEPH MEDICAL CENTER for certain goods or services, which assignor was duly licensed to render, upon which there remains a balance of $6463.35 plus interest to date of $0.00, all of which has been demanded without avail.

WHEREFORE, Plaintiff prays judgment agaist defendants and of each of them separately and their marital community for $6463.35 principal and $0.00 interest to date, plus interest until paid, plus court costs, NSF fees, and attorney fees as set by the court. Estimated costs: $53.00 filing fee; $45 Servcie Fee, $200.00 Attorney Fee if not contested; $0.00 collection costs: for a total of $6761.35, plus interest until paid. The undersigned verifies he/she believes the forgoing is true.

Now, as far as each complaint I don't know if it matters but I'm not married, have no clue if they're duly licensed and bonded, I know I'm subject to the jurisdiction of the court, but the one I have the biggest problem is with #5..."all of which has been demanded without avail."

I was trying to work with the collection company - she verified receiving my financial assistance packet, I never received any other phone calls asking for more complete information, I think she called one time to get me to send in the packet, but that was it.

But "...without avail"? Can this be disputed in my answer, and if so, how?

Please, anyone who knows what I should do, I would be grateful for any assistance.

Thanks.

*Oh, forgot to give the Plaintiff info:

NCO Financial Systems, Inc.

PO Box C-9715

Federal Way, WA 98063

(253) 927-1614 OR 838-1712

[x-ray]

http://www.edcombs.com/CM/Custom/collectiondefense.pdf

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=280263

[TheRoadBack]

http://www.edcombs.com/CM/Custom/collectiondefense.pdf

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=280263

GREAT INFO XRAY!!!!!!!!!!!!!!!!!! Thank You!!!!!!!!!

[x-ray]

No problem, I hope it helps.

[Recovering Attorney]

fill out the aid package and send it to the hospital. I'd send it to the hospital CEO with a letter detailing what NCO did to you on theirbehalf

Answer the complaint

I'd get a decent attorney to help you. Gp tp NACA's website and find one in your area

[allstar18]

Wow, that's alot of information there - but very useful. I am going to go ahead and fill out the application I get as suggested and send in a copy to both the correct department and the CEO of Franciscan Healthcare Systems along with my complaint on how NCO is handling this.

Also, based on what you see in my original post, is there any basis for a counter claim that I can put in my answer to the complaint? If so, what and how would I word it?

Thanks for all your help!

[allstar18]

An update to the situation***

After writing a complaint to the CEO of Franciscan Health Systems and having my lawyer answer the complaint on my behalf, I got a phone call from my lawyer yesterday. He told me NCO wants to drop the suit...my lawyer informed me that NCO didn't want some of the information I complained about to be brought up in court so they're choosing to drop it and write off the debt.

Now they want me to sign a release of some type, but I told my lawyer I won't sign any type of release unless it states they will have the item deleted from all credit bureaus. I've yet to hear back, but I also got calls from FHS's administration letting me know the debt has been taken care of - with no mention as to how...they didn't say my financial aid app was approved, just that the debt is taken care of.

My last question: Do you folks think I should press the issue or just get something in writing about having the tradeline deleted with the release? It seems they're moving really quickly to try and get me to sign this release.

[allstar18]

I just received the release via fax - it's a confidential settlement agreement with full and final release of all claims.

It states that I release them from any/all claims resulting from their collection practices with the consideration that my charity application is accepted and they will dismiss the case that is pending.

I've already received a letter from the hospital stating that they've accepted the charity care and my balance owed is zero...as far as I can see, there is no beneficial purpose for me to sign this release. It appears it is only beneficial for them.

I'm inclined to sign it just to be rid of the problem, I just find it convenient that once prior collection practices were brought up by me, in writing, and the way they handled the collection with me, they want me to sign a release - they're probably figuring I have a valid claim and don't wish to be sued.

What do you folks think?

[betam4x]

I wouldn't sign it. If you owe nothing to the hospital then there is nothing that they can do. From the way you describe things it sounds as though they did something illegal and wanted to cover it up.