Kmark94

wife got serverd by Mail- Now what?

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My wife had to go down to the post office and pick up a letter. She is being sued by "Professional Credit Managment."

The debt is a medical debt for $300 and it looks like they are going to try and garnish her wages.

she just started nursing school full time so she is only working one day a week and bringing home no-more than $300 a month.

How should we proceed in answering this?

Thank you for any help you can offer.

Edited by kevin73
removing links

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you are exempt from all garnishment.

But you should still answer and defend if you are not going to write a check to make it go away.

It is never in your interest to take a default judgment.

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At $300/month income...

you are exempt from all garnishment.

Can they count my income? I receive SSD due to sudden deafness in 2001. I understand they cannot touch mine.

But you should still answer and defend if you are not going to write a check to make it go away.

It is never in your interest to take a default judgment.

Before finding this site a few years ago I would have probably just ignored this and receive a default judgment. Since finding this site I have cleaned up my own credit, and there is no way I will now allow a default judgment.

This is the first time I've had to deal with being served, so I find myself kind of confused how to proceed and submit a answer.

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Get a new wife :p

On a serious note - what is the backstory and what are you trying to achieve as an outcome?

The chances of being sued are pretty small for the amount involved but not impossible.

The thing you should be worried about (and could give you some considerable leverage as it is a medical issue) is your credit report. Have you pulled both your report and your wife's yet? If not, do so at once.

Relax a little compared to some people you are in good shape and this can be sorted out :mrgreen:

Good luck

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The chances of being sued are pretty small for the amount involved but not impossible.

Why would that be? I would think why spend the money filing at court if they were not to follow through.

The thing you should be worried about (and could give you some considerable leverage as it is a medical issue) is your credit report. Have you pulled both your report and your wife's yet? If not, do so at once.

I have not pulled her's yet, mine is fine, but I don't see the big deal if it's on her report or not.

Relax a little compared to some people you are in good shape and this can be sorted out

Thats easier said than done. Wife is wanting to call laywer and set up a payment plan right away, and i'm trying to hold her off on it.

I have been trying to figure out how to answer, do I file a general denial? or a motion for discovery?

I have read on a post here that you can be charged for pre-jury if you know you owe this bill and you deny, right now i'm just trying to figure out how to answer the court.

Thanks

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Most likely they are fishing with a pile of suits for easy default. For a $300 debt they are likely to just dismiss once you answer. It a practical sense it becomes too expensive for them to pursue this beyond the point that you answer. However a few of these guys are stupid enough to proceed.

Look at her credit report to see if anything is reported improperly as it may give you grounds for a counter suit and they can end up owing you money.

SSD is exempt and they can not touch that money.

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Just asking OP...did your wife receive any collection letters prior to this? I find it hard to believe that someone would sue over $300, unless they are tacking on additional interest/fees. Also, I don't have personal experience, but I do know there is a HIPAA "process" or something, though I think you would have had to do this prior to any lawsuit being filed. Hopefully someone more knowledgeable can chime in here. :)

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did your wife receive any collection letters prior to this?

I don't recall ever getting anything from them, and even if she did what proof do they have that they did?

I find it hard to believe that someone would sue over $300, unless they are tacking on additional interest/fees.

On top of the $300 their complaint...

MOTION AND BREIF FOR ATTORNEY FEE

1. Plantiff moves for the award of an attorneys fee pursuant to ARCP 54 and Arkansas Inferior Court Rule 10.

Most likely they are fishing with a pile of suits for easy default. For a $300 debt they are likely to just dismiss once you answer. It a practical sense it becomes too expensive for them to pursue this beyond the point that you answer. However a few of these guys are stupid enough to proceed.

I don't really see the reason to sue for $300 when it costed them $350 to file. I have never delt with anything like this before. I have never even been in a court room. I'm going to try and get the answer completed today and hope they drop it.

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Here is the complaint, it was also attached to "Statment of account" and "Affidavit and Assignment"

IN THE DISTRIC COURT OF XXXXX COUNTY ,ARKANSAS XXXXX DIVISION

PROFESSIONAL CREDIT MANAGEMENT, INC

PO BOX 1686, MOUNTAIN HOME AR 72654 (870) 425-7191

Plaintiff

VS

ME!

ADDRESS

CITY,STATE,ZIP,PHONE

SERVICE MAY BE OBTAINED AT:

MY WORK

ADDRESS

COMPLAINT - FORM

1. This court has jurisdiction of parties, subject matter and venue is proper herein.

2. The defendants is indebted to plaintiff in the amount of $300.00

3. The indebtedness is for goods and services sold and provided to the defendent or the persons that the defendant is financially responsible for as reflected by the affidavit of account filed with the clerk and served on the Defendant.

4. The credittors whose affidavits are filed with the court clerk have assigned their claim against defendant to plaintiff and a copy of each affidavit and assignment is attached hereto.

5. Although demands have been made, the debt remains past due and unpaid.

6. The Plaintiff is entitled to a reasonable attorney's fee from Defendant. WHEREFORE, Plaintiff asks the court for Judgment against Defendant in the amount of $300.00, plus intrest at the rate of 6% per annum from the date of judgment, for its costs, reasonable attorney's fees and for all other relief to witch Plaintiff, is entitled.

MOTION AND BREIF FOR ATTORNEY FEE

1. Plaintiff moves for the award of attorney fee pursuant to ARCP 54 and Arkansas Inferior Court Rule 10. Attorney info

xxxx xxx xx

by: Signature of Attorney

NOTICE TO DEFENDANT

YOU HAVE HEREBY WARNED TO FILE A WRITTEN ANSWER WITH THE CLERK OF COURT WITHIN 20 DAYS AFTER DATE YOU RECEIVE THIS COMPLAINT. etc.etc.

Edited by kevin73

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6. The Plaintiff is entitled to a reasonable attorney's fee from Defendant. WHEREFORE, Plaintiff asks the court for Judgment against Defendant in the amount of $300.00, plus intrest at the rate of 6% per annum from the date of judgment, for its costs, reasonable attorney's fees and for all other relief to witch Plaintiff, is entitled.

Original bill: $300

Costs of action: $350 (this could be more)

Reasonable Atty Fees: $300? maybe more.

So I would say the minimum your wife is being sued for is at least $950 dollars.

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Above complaint was attacked to a "Statment of account" and "Affidavit and Assignmen

STATEMENT OF ACCOUNT

xxxx hospital EMER PHYSICANS GR AMOUNT $150.00 INTEREST $0 FEES $0 TOTAL $150.00

REF#XXXXXX / PATIENT: ME XXXXX

STATEMENT OF ACCOUNT

xxxx hospital EMER PHYSICANS GR AMOUNT $150.00 INTEREST $0 FEES $0 TOTAL $150.00

REF#XXXXXX / PATIENT: ME XXXXX

TOTAL $300.00

AFFIDAVIT OF ASSIGNMENT

The undersigned having been sworn and under oath states: I am authorized to make this affidavit: that the statement of account (s) listed above is just and correct to the best of my knowledge, information and belief and there are no credits and/or offsets due.

XXXX HOSPITAL EMER PHYSICIANS GRP does hereby assign and transfer to Professional Credit Management, inc (Hereinafter "Assignee) all legal rights, legal title and legal interest in this open account referred to above in the amount of $300.00. Further, the Assignee is granted full power to collect, sue for or settle said claim.

CREDITOR: XXXXX HOSPITAL

SUBSCRIBED AND SWORN TO BEFORE ME, A NOTARY PUBLIC THIS X DAY OF JULY 2009

SIGNED NOTARY PUBLIC

SIGNATURE

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Here is the answer, please let me know if I should alter, add or delete something.

I'm confused on how or what to say in response to complaint #4. (any ideas?)

I used the stickys posted here on answers and defense that I think would apply.

Please let me know if I'm going about this the right way.

Thanks for all the help

IN THE DISTRIC COURT OF XXXX COUNTY ,ARKANSAS xxxxx DIVISION

Civil Action No. xxxxx

PROFESSIONAL CREDIT MANAGEMENT, INC

PO BOX 1686, MOUNTAIN HOME AR 72654 (870) 425-7191

Plaintiff

vs.

ME

Address, tele

Defendant

ANSWER OF THE DEFENDANT

Defendant, appearing pro se, for its reply to the Complaint naming Professional Credit Management INC. plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein.

ANSWERS /AFIRMATIVE DEFENSE(S)

1. Admit.

2. Deny

3. Deny.

4. Deny.

5. Deny.

6. Deny

DEFENSES

1. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

2. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

3. Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.

4.Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

5. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws.

6. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

7. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account).

8. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not.

By the Defendant pro se

Dated: Month day, year

(name)

(SIGNATURE)

address

telephone

Edited by kevin73
Editing due to "Merrybucks" suggentions.

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In 2,3,4,5,and 6 you need to either admit or deny. Under your defenses I would leave out 2 and 6.

I've edited it to reflect your suggestions.

Thank you very much!

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i'd probably take out 5 because he gave you the statute that says he is allowed to collect attys fees.

edit: 7 as well, there is no unjust enrichment.

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i'd probably take out 5 because he gave you the statute that says he is allowed to collect attys fees.
I will take that out. Thank you!

Instead of just "Deny" would wording 2,3,5 and 6 with the statement's below be better?

The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

and #4 with....

The Complaint states legal conclusions to which no response is necessary. However, to the extent that the Court may deem a response to be necessary, defendant denies the allegation and demands strict proof thereof.

Thanks for all the help!

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and you do not have to answer each paragraph individually that gets a little redundant.

You can put (and I'm just paraphrasing off the top of my head) Defendant denies each and every allegation set forth in paragraphs 2, 3, 4, 5, 6. Defendant demands proof of all the allegations.

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Thank you Ualbany, that makes sense.

I have couple of other questions.

1. WHen I go to the court house and answer this complaint, should I have anything notarized?

2. Should I be attatching a "certificate of service" (example below) and if so should this be notarized?

CERTIFICATE OF SERVICE

The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, certified, in an envelope addressed to: law office, on (date).

3. Should I send answer to just the Plaintiff or to both them and their lawyer?

If anyone has any good defenses or edits to this answer, please post them.

Thanks!

__________________________________

Edited by kevin73

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Answer and certificate of service should be notarized.

not necessary to send a copy directly to plaintiff, just to the lawyer.

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should I have anything notarized?

Check with your court. In some jurisdictions the court clerk will stamp your answer when it is filed. It is up to you to send a copy to the opposing counsel.

Take 3 copies with you when you file, one is yours, one is for the court and one for the opposition.

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Well I filed answer with the court this past friday, as well as sent a copy of the answer to the Plaintiff.

I received something in the mail (regular mail) today from the plaintiff. I guess what they sent is what they consider proof that my wife owes the debt to them.

What they sent seems to be a computer printout

It shows their client (hospital) account number, wifes's name, address, DOB, SS#, and her dad's name and number as well as the time and date of treatment.

I understand by reading these forums that this is not proof am I correct?

WHat should my next step be? I thought that they had to send stuff like this to the court and not me directly.

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It shows their client (hospital) account number, wifes's name, address, DOB, SS#, and her dad's name and number as well as the time and date of treatment.

Did it tell what the treatment was for? You might have a hipaa violation.

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