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Small Claims Writ ?


pclonghi
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I received a Small Claims Writ and Notice of Suit in the mail today for old hospital bills that belonged to my wife. We no longer live together and I have no idea what these bills are for. Can I use that as my answer to the court ? I am listed as defendant #2. Also 2 letters came to MY home. 1 for me and 1 for my wife. Do I send hers back ? And why no collection action just straight to a lawsuit ? It says "various accounts from 4-06 to 09-10.

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Oh shoot im sorry. . .Im in Connecticut. Its like $1100. Not gonna break the bank if i had to pay it but sheesh. I never got any collection notices because we dont live together and now . . WHAM !! Im wacked with a lawsuit. And she doesnt even know yet !! Can I dispute now ? The CA name and the OC names are on this paper.

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CT is NOT a Community Property State. The Community Property States are ID, WA, CA, NV. AZ. NM, TX, LA and WI.

BUT... you may wish to do some research on the "Doctrine of Necessaries" which states (in an oversimplified definition) that each spouse is responsible for the "necessary" living expenses of each other and their children whether they signed or not. Medical expenses have consistently been considered "necessaries".

Edited by Flyingifr
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Yes, you can dispute. It's called answering the lawsuit with a denial. You deny you are legally liable to the Plaintiff. Notice I did not say you don't owe the Plaintiff.

It's now in court so it's all about legally liable to the other party. Somewhat like Flyingfir pointed out. You might be legally liable to them even if you never signed anything. However, you might have signed every document under the sun and not be legally liable to them, but do owe the money (statute of limitations is the most common).

Generally speaking, you will get collection activity prior to suit. However, nothing is stopping them from suing. I used to work insurance claims. When the attys thought we were getting to tight with our settlement offers, they went straight to a lawsuit. When we thought they were getting to greedy, we overspent defending a few claims to drive home the point we could run them out of money if we wanted.

In other words the courts are used a lot more than what they were intended. It's all a game, a game you just got thrown into.

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I'd be surprised if this isn't on your CR already. I mean, it's a CA suing?

I'm dealing with a situation where I'm at the point of offering to pay medical bills IN FULL to the CA, as long as it's a PAY TO DELETE by sending them an Offer to Compromise letter.

Check the section at the top of the page called Pay To Delete. The letter is in there. I'm suing it specifically for medical bills.

I'd settle in full before a judgement is entered against you. You really don't want a judgement on your CR. Especially if it won't break the bank. Mine is roughly the same amount, but has not gone as far as a suit.

Good Luck.

-RD

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Not on my CR yet but its not a judgement yet either, I just cant believe they can try to sue me with no notice of collection

They can absolutely do that.

In fact, you can sue anyone at any time in America for any reason.

Having said that, they can't report on your credit report if they don't validate if you ask them to, but since they haven't put it on your CR, they're off the hook. ;)

Yes, it's odd, but you have been now thrown into the suit mix. Time to use the board and learn all you can about how to defend and / or possibly counter sue them.

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