I was caught off guard with this!! Please HELP!!

[aimlessbloom]

Here's the big thing: They have my husband listed as a defendant. He has nothing to do with this account. They also have his job information listed. If anything I need to get him off of this. The medical bills are mine. He didn't even go to the hospital with me. Please help. I am so lost with all this.: confused:

1. Who is suing you? collections agency(hospital bill)

2. For how much? >$10,xxx

3. Who is the original creditor? Hospital

4. How do you know you are being sued? Received summons. The guy asked if I was available and I asked who he was. He repeated his self and I did as well. Then he said I'm Michael and I have paper work for you (said my name) I said that's not me and he threw the papers on the ground and walked left.

5. How were you served? Process server

6. What was your correspondence (if any) with the people suing you before you think you were being sued? Debt validation

7. Where do you live? Colorado

8. When is the last time you paid on this account? Never

9. What is the status of your case (if anything has been opened)? The paperwork says "On May 13, 2008 at 1:30 PM in XXXXX County court, if an answer is not filed, the court may be asked to file a judgement against you.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This debt is not listed on my credit report. I have Dv'd the collection agency.

11. Did you request debt validation before the suit was filed? Yes I did several months ago.

12. Does your summons require a response?

Yes it does. I also received a questionnaire It looks like the paperwork was filed 4/03/2008. I just received it today 4/21/2008. It claims I owe $10,xxx.

13. What evidence did they send with the summons? The proof provided is just a white paper with the hospital name, client # principal amount, interest, and total. Looks like it is from their computer. (this is what they also provided for the DV.)

14. What is the SOL on the debt? I have not been able to find it. What are medical bills classified as in Colorado?

[Amerikaner83]

is it his insurance thru his company? That may be why he's listed.

[aimlessbloom]

No we didn't have insurance at the time. Thats why we couldn't pay them.

[Amerikaner83]

so are you BOTH listed as defendants?

[aimlessbloom]

Yes it lists us both but only has his job information listed.

[Amerikaner83]

do you have a job?

Sounds like you're both being sued becuase Colorado may be a "community" state, perhaps?

[aimlessbloom]

Yes we both work. I don't think we are a community state because we can apply for a mortgage and only one of us be on the loan.

[Amerikaner83]

they probably just used one of your info's becuase it was the easiest one to find at the time.

When did you get treatment?

You're going to need to file an Answer within the time frame specified by the Court.

[aimlessbloom]

I was there over a 2 month time frame back in Oct/ Nov 2005.

Here's the reason it wasn't paid - I applied for medicaid and was approved because this was a pregnancy issue. I ended up in the ER 3 times over those 2 months. I used my medicaid pre approval at the time of treatment. I called several times over the months of Dec - April 2005/2006 to the place I applied because I still had not received information in the mail and final approval. Finally I was told they had lost my application. I filed a HIPPA Complaint.

I called the hospital to make payment arrangements and was told I could not with out a denial letter from the medicaid office.

I go to the Medicaid office to explain the situation and was told I would need to speak to a case worker. When I tried to do that I was told I need Medicaid to have a case worker.

So now I am unable to set up a payment plan, and they are suing me.

I really don't know where to start here. Do I say it's not mine because they didn't provide valadition. Or do I explain what happened? I still have some documation but not all of it.

[Amerikaner83]

I'm way confused about medical issues, my knowledge does not go that far, so please take anything I say from this point on with a huge grain of salt.

It would seem that medicaid is the culprit here. Get on their a$$ ASAP! Is the hospital itself suing you?

[aimlessbloom]

I was told that Medicaid has no record of my application ever making it to their office (I applied at a Dr. Office) So my Pre approval was never valid but it took them 4 months to tell me they lost my application.

[Amerikaner83]

Damn.

I have no idea. Perhaps a goodwill type letter explaining your circumstances to the hospital administrators?

[aimlessbloom]

I have spoken with them several times with no luck the last time was maybe 6 months ago. I have even tried to find a lawyer to sue the office thatstarted this mess and I couldn't find a lawyer who handled Medicaid type stuff.

[aimlessbloom]

Is there anyway to get my husband off of this? Can he respond to the summons seperate? we received two of them.

[merrybucks]

Colorado is not a community property state. However, he may have sued him claiming a benefit to the marital community has occured or you could have listed him as the responsible party when you filled out all of those medical forms. I would suggest contacting legal aid, it seems like you might qualify. In my state there are legal aid services specifically for women.