legally challenged Posted February 19, 2009 Report Share Posted February 19, 2009 I've got this really urgent situation and unfortunately my limited understaning of the way things work is hurting me. My very first post on this site was about a medical bill. I answered complaint stating I didn't agree with amount being sought. Sent a letter for validation to the Debt collector to which they responded in part with a copy of the patient history, a copy of the financial agreement (signed by me) and a copy of the patient registration. I answered the inerrogatories:1. State in detail (a) what payments were made by you to plaintiff, ( the dates, manner and amount of each payment © if any credits or set-offs other than such payments are claimed, set forth the nature and amount thereof (d) attach hereto copies of all checks and receipts pertianing to such payments.answera)Defendent has no record of any payment made either because they have been lost, destroyed, or were never in my possession in the first place. b)To the best of my knowledge, I have no such documents either because they have been lost, destroyed, or were never in my possession in the first place.c)To the best of my knowledge, I have no such documents either because they have been lost, destroyed, or were never in my possession in the first place.d) To the best of my knowledge, I have no such documents either because they have been lost, destroyed, or were never in my possession in the first place.2. If you claim to have insurance that covers a portion of or all of the amount due to plaintiff please provide the name of your insurance company, the policy number, a copy of your insurance card, a copy of the insurance policy, a copy of your submission of this debt to your insurance company for payment, and a copy of any response made to you in response. If dealings with your insurance company were verbal then state the date of all communications, the name of the person to whom you spoke, the subject matter of the conversation and the outcome.answerThe plaintiff has not shown the charges to be factual and there is no proof that the defendant has any responsibility for the debt.3. State what amount is owed by you to plaintiff on account of the indebtedness upon which this suit is based?answerDENIED - this request calls for a conclusion of law and is improper.4. If you dispute some or all of the charges as alleged by plaintiff, itemize each and every charge you dispute and state the date you first notified plaintiff or its predecessor or assignor of the dispute. Include in your answer how you notified plaintiff or its predessor or assignor of the dispute, i.e. letter, telephon. Attach hereto copies of all letters and documents referred to in you answer.answerThe plaintiff has not shown the charges to be factual and there is no proof that the defendant has any responsibility for the debt. (???Defendant can not rely upon Plaintiff's account detail as proof of treatments received.)5. Set forth the factual basis for each and every defense you assert or will in defense to this lawsuit. Include in your answer all documentation that relates in any way to any defense you assert.answerDenied - The question is overly burdensome, broad, and irrelevant........My court date is Monday. I spoke with the attny yesterday and said I'd like to settle then offered $400 on a $1000 (before the interest) bill. The attny said he'd take the offer to the dentist. He said he won't be in the office until Fri. so I could call back then. I said that there were several issues surrounding this situation, one being that the payment history copy wasn't acceptable validation. In yesterday's mail I found a letter saying they wanted me to reanswer the interrogatories because they didn't consider several answers complete. I don't know how to proceede. There is one issue that I think may be considered a mis step on the part of the dental office. At one time they called my ex, we were separated at the time, in an effort to collect. My name is the only one on the agreement so I don't think they can contact anyone else without my consent. My ex won't assist me, the divorce has since been finalized and we're not on good terms. Nevertheless, I don't know how to approach this with the attny. I never submitted my affirmatives, can I do that now? If so, what is the format?I'd really just like to pay about 50% (before the interest) and have this over with. I can't go to court because I must be at work on Monday. I'm panicing. Link to comment Share on other sites More sharing options...
merrybucks Posted February 19, 2009 Report Share Posted February 19, 2009 I can't go to court because I must be at work on Monday. I'm panicing. If you don't show up in court you will lose. Link to comment Share on other sites More sharing options...
legal_loansharking Posted February 19, 2009 Report Share Posted February 19, 2009 If you cannot make the court date, request a continuance. Call the courthouse tell them you want a continuance, get their fax number and make your request.A few hours later make sure they received it and find out the new date and time. Link to comment Share on other sites More sharing options...
legally challenged Posted February 20, 2009 Author Report Share Posted February 20, 2009 Thank you for your suggestion. Hope it won't be necessary as I think we will settle tomorrow. If it doesn't work out I'll request a continuance. Do I have to offer any reason? Link to comment Share on other sites More sharing options...
legal_loansharking Posted February 20, 2009 Report Share Posted February 20, 2009 No, just ask for it if you need it. Link to comment Share on other sites More sharing options...
legally challenged Posted February 20, 2009 Author Report Share Posted February 20, 2009 Thanks Matt. It's empowering to know there's a way to deal with things. The knowledge you're sharing is greatly appreciated.I posted the following on a new thread but should have put it here. Would be more comfortable sending it off if someone with more knowledge than I looked it over. That covers just about everyone!I called the dc and offered a settlement of about 25% Wed. Thurs. I called to see where we stood, they countered with 50% to pay in installments. I re-countered with 35% in a lump sum and said I would send them an agreement to settle letter which I'll fax tomorrow morning. I can't find the words strong enough to thank all of the people here who inspired and encouraged me. It isn't over yet and this was a small one but feels like I'll be victorious.The agreement I'll send states that the creditor agrees that "the balance owed is zero and no further payment or fees are due from the debt at any time in the future. In addition the creditor agrees to remove any references to late payment or charge off regarding this account from my credit file and delete all debt on all 3 credit reports. This contract supersedes all others between the debtor and creditor." Right before the signature it says: "I attest that I am authorized to make decisions regarding the making and acceptance of settlement offeres for outstanding alleged debts for Dr. xxxxx."Does this sound right? Is there anything missing? I'm hoping they'll sign the agreement without alteration. Any suggestions if they refuse to agree? Guess I'm nervous but I know now that they don't want to go to court.Once again, you people are simply wonderful and I'm so grateful for all you've done for me. Maybe someday I'll have something positive to offer from my experiences. Link to comment Share on other sites More sharing options...
legal_loansharking Posted February 20, 2009 Report Share Posted February 20, 2009 My letter would have something like thisCollection Agency acct#Credit card company Name and account numberIn consideration for the sum of XXXXXX Collection agency agrees to accept this amount as payment in full for the account listed above.The collection agency also agrees to remove this account from all of my credit reports and to never report this account again on all of my credit reports including but not limited to TransUnion, Experian and Equifax.Since this account has been settled for less than the amount requested by the Collection agency, the collection agency agrees not to attempt to collect, sell, or assign this settlement deficiency to any other creditor in the future.Date YOur NameDate Representative from CA Reps Printed NameDO NOT PAY UNTIL YOU GET IT IN WRITING. THERE IS NO AGREEMENT UNTIL YOU RECEIVE IT BACK FROM THEM. Link to comment Share on other sites More sharing options...
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