Summons from collection agency in Nevada

[mtnlover]

I just signed up and have been browsing and searching the threads for an answer and found a lot of good answers but not a "this is what i do next". I have 20 days and before I answer the complaint against me, I would like some help. Here are my answers to the Q's (I'm trying to hold out information that could come back to me. If the information is critical, let me know and I will provide it):

1. Who is the named plaintiff in the suit?

Collection Services of Nevada

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Local attorney, not part of a law firm

3. How much are you being sued for?

More than $300 less than $1000

4. Who is the original creditor? (if not the Plaintiff)

Local medical supply company

5. How do you know you are being sued? (You were served, right?)

Served in person at my residence

6. How were you served? (Mail, In person, Notice on door)

In person

7. Was the service legal as required by your state?

From what I read, I believe so

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

Found a collection from CA on my reports. Disputed the collection a couple of times with all 3 bureaus. Than magically served a summons.

9. What state and county do you live in?

Nevada, Washoe

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

Not exactly sure. My medical insurance was paying for all services. I no longer needed the services any longer and received one last statement from my insurance detailing what they paid.

11. What is the SOL on the debt?

Not sure. This was for medical services.

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Very recently handed a summons. Looked online and nothing shows up.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Disputed the debt with the Collection Agency. Nothing was on my report from the "oringinal creditor".

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No I did not.

15. How long do you have to respond to the suit? 20 days (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Complaint:

I.

That on or about December XX, 2010, Defendant became indebted to XXXX Medical Services for services rendered to the Defendant at the special instance and request of the Drefendant. That there is now due and owing from the Defendant the sum of $XXX.XX, plus accured interest and/or other costs incurred from the date the debt was incurred in the sum of $XXX.XX, plus interest continuing to accure at the legal rate from the date hereof until paid in full.

II.

That prior to the commencement of this action said XXX Medical Services assigned said claim to the Plaintiff herein, and there is now due and owning from the Defendant to the Plaintiff the sum of $XXX.XX, plus interest.

III.

That it has been necessary for the Plaintiff herein to employ counsel to prosecute this action, and counsel is thereby entitled to a reasonable counsel fee.

Wherefore, Plaintiff prays judgement against the Defendant as follows:

For the sum of $XXX.XX, constituting the total principal claimed in this complaint, to which should be added interest accrued at the legal rate, as provided for by NRS 99.040 in the sum of $XXX.XX, plus interest continuing to accrue at the legal rate from the date of the last rendition of services or sales of goods by the provider thereof until paid in full. To that must be added a reasonable counsel fee, plus court costs incurred, and to be incurred; together with such other and further, and additional relief as to the Court my seem just and proper in the premises.

Then its signed by the Attorney

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Nothing else was attached.

Thank you in advance. After i post this I'm going to look up Nevada's court procedure and reading through this helpful website.

[mtnlover]

bump

[mtnlover]

From staying up late last night reading through all of the threads I came up with a few solutions and would like anyone's opinion:

1. Heading down to the county recorder to file a Homestead. I've should have done this when I first purchase the house. I figured it couldn't hurt.

2. While I'm in the area, head down to the court house and have them pull my case to make sure it's legitimate and not something like a "pocket docket" . I'm pretty sure Nevada is not one of the states that has such a thing. The summons seems a little shady with handwritten dates and such. Also has no case number. But, I'm not really sure what they are suppose to look like, this is my first one.

3. While still at the courthouse, pull past case files for the collection agency and lawyer to get some kind of idea what I'm up against and basically how to answer the complaint.

4. ??? Is there anything else I should do?

Also I was thinking of maybe contacting the CA and seeing what kind of settlement they would offer. Or should I wait until after I send off my answer? Thanks in advance.

[legaleagle]

For that kind of money, I'd say settle. They'll have all the records to win this, then you'll get stuck with legal fees etc.

[mtnlover]

That's what I was kind of leaning towards. I just dont' want to give in without a little bit of push back especially when my insurance company paid all that was owed ( I assume).

So, when i contact them, is there chance they won't settle? Will the CA try to stick me with the lawyer's fees?

[legaleagle]

You only have to pay attorney fees if ordered by the court. Make an offer and see how it goes. Act like The Old Man on Pawnstars.

[mtnlover]

Is there a way I can word it so I can get the collection removed from my credit report?

[mtnlover]

....and the person who answered said she worked for the legal department. I asked for the attorney and she said he wasn't available. Long story short the attorney listed on the summons gave the number for the collection agency. ??? Is that common?

During our discussion, the woman informed me that they have a judgement against me and i owe the legal/court fees of $330. I said that can't be because we haven't went to court and i haven't even answered the summons. She then kind of backed up a little and said that they would get a judgement against me and i would owe the fees even if the orginal creditor accepts a settlement offer. I asked several questions about if they own the debt, she said no. I asked her to send me everything they had on file to show me that i actually owe this debt and she said she will send it out.

I offered and settlement of %20 of the original amonunt owed because "you are insisting on charging me legal fees". She said she would get out to the PC and I should call back tomorrow.

Sorry if this is a little fuzzy, but I'm at work and typing on my phone.

I guess my questions are:

1. Can they charge me legal/court fees before we even went to court?

2. Should I answer the summons now? Or start preparing?

3. Is there any violations I could use against them?

4. Any advice for when i call back tomorrow?

[legaleagle]

did you call the insurance company and find out what they actually paid? Sounds like you may have had a deductible or something that wasn't covered. That should be your first step.

[mtnlover]

Looking it up online now. But could they stick me with the legal fees? When I told her how much I was willing to pay, she kept adding the fees to it. I thinking that would their cut.

[kutuzov]

They can't charge you the legal fees until they win the case. When I went to my very first court day, the same happened to me, they want me to pay the legal fees, and I replied "you first need to win for me to pay that, we are trying to settle, if you want a full trial that's ok". If they insist on those, just tell them that you will drug it up in court as much as you can, and it will cost them more money. They got no legal right to screw you with those before they get a judgement.

[1stStep]

What was the date you were served? Also, read the summons and see the number of days you have to answer...

After that, call the CA back and record the conversation...if they have not gotten a judgment but tell you that they did, you've got a nice FDCPA violation - sue them.

[mtnlover]

Served on the 24th and have 20 days.

[1stStep]

Then when you called the other day, there was no way there was a judgment...personally, I'd sue them for the FDCPA violation.

[mtnlover]

I actually called them today and when she told me they had a judgment and i owe the fees, I basically told her we haven't been to court yet, so no judgement. Like I said above, she back pedaled and said they would get a judgement. Do you think that would still be a violation? For making a threat of court judgement?

[kutuzov]

It is, but the biggy Do you recorded it? if you cannot prove it ...

[mtnlover]

No I did not. I even played around with cell phone yesterday to see of I could record a conversation. When I call back tomorrow to check on my settlement offer, I will. Hopefully, they will slip up again. AWhat information would I need them to state in order to have a possible violation stick? Their name is obvious. Anything else?

[mtnlover]

Also, just got off the phone with my insurance's TPA. They stated that XXX Medical Services were paid for all claims submitted. None were denied. Now I just have to search my bank statements to make sure I paid my part.

[kutuzov]

If you went a lot to the doctors, is very possible they screw your payments. Back between 2005-2007, I was going to the doctors, got surgery, blood work, etc etc. a lot. My employer paid no less than 40-50k during those years for my medical bills. During the first year, I quickly learned they screw thier bills a lot, so by 2006 I started saving the bills and paying only with cc, and noted the day and amount of payment for such bill. I keeped a binder with all that (it went thick). No less than 4 times I got to call them when they sent me a bill, that they didn't apply my last payment made with x cc, or that they applied it to the wrong doctor or whatever, such day (the one on the cc monthly bill), and oooops all of a sudden they got the records. So it is possible that you actualy paid them and they screw it. Check it. Next time keep a record, and track of those bills. Even if you don't pay them they will normally work with you and take those charges off. I did that with a hospital bill of around 2000 after the employer paid 80%, I went to thier office and made a request etc. and I paid 0!

[KentWA]

The first violation was saying there was a judgement. The second was trying to get legal fees out of you. You want to counter claim in your answer. As soon as you answer and they realize you are fighting them, and they have potential liability they are going to want to settle fast.

[kutuzov]

The leagl fees according to what he posted is not tecnically a violation, since is part of a settlement and cannot be used in court. It is a misspresentation of the laws yes, but not tecnically a violation. If he would have accepted the settlement then it was another story. Anyway I don't think they will put it on paper they will just state the amount of the settlement.

[mtnlover]

Thank you all for your input on this. You all make some valid points. As far as the potential FDCPA violations, which ones are you guys thinking? I've just downloaded the Act and have been looking it over.

Also, I think I need to start working on my answer to the complaint just in case the settlement falls through. I call the court where the summons was filed and ask if they had a simple answer form. They did not. The clerk said I was pretty much on my own unless I hire a lawyer. Which really never crossed my mind since stumbling upon this forum. I think it would be kind of fun to represen myself where my life or freedom wasn't at stake. Anyways, if anyone has opinion on how I should answer the complaint, I would appreciate it.

[kutuzov]

If you want them to go for violations, don't say nothing about a settlement, remember settlements can not be used in court. So just be a stupid guy that wants to know how to pay them. The more stupid the better, they will think you don't even know they could violate a law, so they might not care. Don't even mention that you got a complain, just tell them something like "I belive I recieved something from the court can you explain me what it is?"

[mtnlover]

So I called the CA/legal dept./attorney's office or whatever they're calling themselves. The goal was to record the call and have them slip up with some violations so i can have some ammo. I didn't know it but the recorder shut off as soon as they picked up. Anyway once they picked up, I was immediately transferred to a supervisor. She went thru the whole "we are recording" spill, then asked what she could do for me. I played the dumb guy and ask what the summons meant and what I should do. She then said that they explained everything to me yesterday and that they sent the proof that I owed what was in the summons plus over $300 in "attorney's fees" and "filling fees". I also asked if she was the attorney handling the case, she said no and that she works for the legal department. I asked if this is the legal department of the lawyer listed on the summons and if i could talk to the lawyer. She said the lawyer was unavailable and that she could help me if I had any more questions. I said i would call back if i could think of any more. Mainly because i noticed my phones recorder was off.

Questions:

1. Now that they are calling them lawyer's fees and filing fees ,I would that still be a violation?

2. What about claiming they work for the legal department for the attorney and not the collection agency?

3. Do I have ammo even though I didn't get it recorded?

4. And lastly, what do you guys think about me calling the PC and trying to settle with them if they could send me a itemized statement of what i owe?

[scarab]

I'm pretty sure NV is a two-party state for recording calls. This means you have to disclose to them that you are recording the card. A clever way to do this is when they start to say "This call is being recorded...." you parrot them in a joking tone. They just chuckle and keep on going with the call, but by law, you have just now disclosed.

I've also heard (I don't know this for sure) that its better to use an old fashioned tape recorder. This is because courts are familiar with these, and accept them, whereas they don't understand or trust digital recordings so much.