pclonghi Posted April 10, 2012 Report Share Posted April 10, 2012 Im in Ct. Got a small claims suit against my wife with my name on it too. Medical debt from her hospital visits. We do not live together and i never saw any collection notices from the hospital.I have an Answer date of 4-11-12. If I ask for time to pay is there still a Judgement on my CR ? I called the CA lawyer today and they were not very helpful. Offered to pay over 2 months and paralegal just laughed and said "just fill out the form". If I agree I owe on the ANSWER and pay it off, is there still a JUDGEMENT against me ? Link to comment Share on other sites More sharing options...
usagi555 Posted April 10, 2012 Report Share Posted April 10, 2012 Im in Ct. Got a small claims suit against my wife with my name on it too. Medical debt from her hospital visits. We do not live together and i never saw any collection notices from the hospital.I have an Answer date of 4-11-12. If I ask for time to pay is there still a Judgement on my CR ? I called the CA lawyer today and they were not very helpful. Offered to pay over 2 months and paralegal just laughed and said "just fill out the form". If I agree I owe on the ANSWER and pay it off, is there still a JUDGEMENT against me ?That (judgment) will be the end result, yes. CA attorneys are heartless bastards. Are they suing over account stated? Link to comment Share on other sites More sharing options...
pclonghi Posted April 10, 2012 Author Report Share Posted April 10, 2012 account stated ? not sure what that means. If i agree and pay in full before the hearing date will i still have a judgment on my CR ? Link to comment Share on other sites More sharing options...
usagi555 Posted April 10, 2012 Report Share Posted April 10, 2012 account stated ? not sure what that means. If i agree and pay in full before the hearing date will i still have a judgment on my CR ?Account stated is a cause of action that has specific elements that must be proven by the plaintiff.As for paying in full before the hearing date, whether or not there is a judgment on your record depends on the agreement that you make with the plaintiff. There is no rule or law that says you can't work out a payment plan in exchange for a dismissal with prejudice. Just remember, collection attorneys are heartless bastards. Do not agree to anything unless it is in writing. Link to comment Share on other sites More sharing options...
kutuzov Posted April 10, 2012 Report Share Posted April 10, 2012 No you won't. You go to court and tell the judge you got accord and satisfaction and to dismiss the case. Take the papers with you. Call the other side and tell them to forward you a settlement offer or whatever, and then you send payment, certified mail with signature (so you got proof of delivery), and with some sort of payment you can show to the judge, a money order, cashier check or something.You can also go to the judge the hearing date and tell them you just get to know about this matter and ask for a continuance of 30-60 days so you got time to tender payment. Link to comment Share on other sites More sharing options...
kutuzov Posted April 10, 2012 Report Share Posted April 10, 2012 As usagi said, only agree in writen AND with a clear stipulation. Link to comment Share on other sites More sharing options...
usagi555 Posted April 10, 2012 Report Share Posted April 10, 2012 No you won't. You go to court and tell the judge you got accord and satisfaction and to dismiss the case. Take the papers with you. Call the other side and tell them to forward you a settlement offer or whatever, and then you send payment, certified mail with signature (so you got proof of delivery), and with some sort of payment you can show to the judge, a money order, cashier check or something.You can also go to the judge the hearing date and tell them you just get to know about this matter and ask for a continuance of 30-60 days so you got time to tender payment.Actually, if the OP admits to the debt in the answer, there very well could be a judgment against him even if he is willing to pay. Link to comment Share on other sites More sharing options...
kutuzov Posted April 10, 2012 Report Share Posted April 10, 2012 That's true and considering it's his ex, might even complicate things. If you are willing to pay just ask the law firm for a clear settlement and to forward you two signed copys, and then the rest. Link to comment Share on other sites More sharing options...
pclonghi Posted April 10, 2012 Author Report Share Posted April 10, 2012 So should I not agree ? But pay anyway ? Link to comment Share on other sites More sharing options...
pclonghi Posted April 10, 2012 Author Report Share Posted April 10, 2012 super confused now ??? Link to comment Share on other sites More sharing options...
usagi555 Posted April 10, 2012 Report Share Posted April 10, 2012 You have not provided enough information to give an opinion on what you should do, and in the end, that is still up to you. However, settlement negotiations (offers to compromise) are typically inadmissable. The key to maintaining the inadmissibility is by never outright admitting liability or facts that would point to liability in those negotiations. If your comment about the paralegal laughing is any indication, you're dealing with a lawfirm that will play hardball, try to intimidate you and try to maintain the upper hand. If that really is the case, fighting fire with fire will make their heads spin. You may be legally liable for the debt if your state is a community property state, but that doesn't mean you need to roll over on your belly while they put sand in the KY. Link to comment Share on other sites More sharing options...
Seadragon Posted April 10, 2012 Report Share Posted April 10, 2012 I would do this until you learn more in discovery. Then you need to find out what happened on her end. That is what you should do to get more time. when did they serve you? and they did not contact you so they are heartless.You need to answer and they may have taken a healthplan debt and tried to collect the unreimbursed costs that they are not allowed to collect.I know you are scared but you need more time so you have to answer.we can help, you need to calm down and get to the bottom of this. you need to answer and then conduct discovery because what if this is not a valid debt? Answering with denial on lack of information or belief in the truth of the allegations is appropriate if you have no information about it. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 10, 2012 Report Share Posted April 10, 2012 answer the small claims summons. in small claims court there is typically just a form that you can fill out and send in, and that is your answer. at the very least that will buy you some time with no judgment being entered. if you want to pay it off, talk to the attorney for the plaintiff and have them send you an offer of settlement in writing. Link to comment Share on other sites More sharing options...
pclonghi Posted April 10, 2012 Author Report Share Posted April 10, 2012 So shoild I answer "I disagree" or " I admit I owe" or I admit I owe but need more time to pay" I can go to courthouse tmro . Just dont know what to say. If I disagree and ask to look into why I never saw any bills can I pay it off in the mean time then if it does go to court its all paid ? Link to comment Share on other sites More sharing options...
usagi555 Posted April 10, 2012 Report Share Posted April 10, 2012 If you weren't involved in the business dealings regarding your wife's hospital stays and didn't receive any bills or collection notices, do you know what's owed and why it's owed or anything about the failure to pay? On top of that, hospitals can and do screw up when it comes to billing. If not, and you admit, I can guarantee you will be on the hook with no room to bargain except bargaining room which they give you because it'll make their lives easier. I can't stress enough that collection attorneys are heartless bastards. Link to comment Share on other sites More sharing options...
legaleagle Posted April 10, 2012 Report Share Posted April 10, 2012 Guys, there is no discovery in small claims in CT, where he is from. There isn't even always a judge, usually you get a mediator or a lawyer who volunteered his time. No lawyers, either. Paying this off will get the case dismissed and no judgment. No community property laws here except in divorce cases. However, common law holds spouses responsible for basic necessities like medical care, shelter, clothing, and Beefaroni. Link to comment Share on other sites More sharing options...
usagi555 Posted April 10, 2012 Report Share Posted April 10, 2012 Guys, there is no discovery in small claims in CT, where he is from. There isn't even always a judge, usually you get a mediator or a lawyer who volunteered his time. No lawyers, either. Paying this off will get the case dismissed and no judgment. No community property laws here except in divorce cases. However, common law holds spouses responsible for basic necessities like medical care, shelter, clothing, and Beefaroni.That's good to know. I think the only issue is stalling for enough time so that the OP can come up with enough to make the payment. Link to comment Share on other sites More sharing options...
pclonghi Posted April 10, 2012 Author Report Share Posted April 10, 2012 OK so if reading this correctly if I "ANSWER" . . ."DISAGREE" on grounds that I know nothing of these bills and the only thing Ive seen is this lawsuit. It will give me time to pay it off between "ANSWER DATE" and "HEARING DATE" then it will not show on my CR. I pretty sure she owes it but has not spoke to me about it. Does this sound correct to you all ? Link to comment Share on other sites More sharing options...
kutuzov Posted April 10, 2012 Report Share Posted April 10, 2012 Yes, but there's still the problem of your ex. You NEED her to go with you in the deny answer, if not the judge might do a default judgement anyways. Link to comment Share on other sites More sharing options...
pclonghi Posted April 11, 2012 Author Report Share Posted April 11, 2012 she will do as I ask because Im the one who will end up paying. She gave me her copy of the "ANSWER" and just signed it and said "do what you need to do". So basically Im just going to "DISAGREE" and say that we never got bills or collection notices sent to the correct address.She has moved 5 times and actually the lawsuit stuff for her was mailed to my house. She would have never known if I didnt tell her. Does this sound like Im on the correct path ? Link to comment Share on other sites More sharing options...
kutuzov Posted April 11, 2012 Report Share Posted April 11, 2012 You don't really need to explain to the court that she moved 5 times or whatever, THEY are the ones that need to prove the case. Just tell the court you lack any knowledge of the debt, and will be examaning the papers, etc. ask for a continuance so to do so of 60 days. In the mean time you can try to settle with this "people". Link to comment Share on other sites More sharing options...
pclonghi Posted April 11, 2012 Author Report Share Posted April 11, 2012 OK. . . So I ask for a continuance on this "ANSWER" or do I just say " I have no knowledge of this debt and am in contact with the CA to get copies of the bills ? Link to comment Share on other sites More sharing options...
kutuzov Posted April 11, 2012 Report Share Posted April 11, 2012 On a respond to a complain you don't Disagree, you either deny or admit, that's it. By saying you lack any knowledge of the alleged debt, is the same as deny. What you will do is go with the judge and state that you at the moment have no records or memory of the alleged debt, lack knowledge of it and thus deny the alleged debt. You could do that and then explain to the judge that you need a continuance to continue communications with the CA and try to reach a settlement before a trail is set.What state you live in? you might have a mediation before the hearing and could ask for a continuace right there without seeing the judge, if both sides agree then it will be granted. In mediation you got the advantage that you don't need to answer the complain or nothing just talk about payments etc. Link to comment Share on other sites More sharing options...
pclonghi Posted April 11, 2012 Author Report Share Posted April 11, 2012 Im in CT. The form only lets me "disagree with the claim because" or "admit I owe the claim" or "admit I owe claim but need more time to pay" and gives me 2 blank lines under each choice to explain. It says if I disagree I will be given a trial with a Magistrate and he will decide if I owe anything. What Im thinking is I can pay it between tmro and the time we go to trial and the Magistrate will toss it. Link to comment Share on other sites More sharing options...
kutuzov Posted April 11, 2012 Report Share Posted April 11, 2012 So over there you disagree instead of deny, I learn something new today. Don't just pay, the case is far from ending. I would recommend you to at least disagree as per your state and ask for a continuance, that way you might get a better settlement etc. The judge is not the devil, and the CA are not Nazis, we live in America!!! Just talking to the judge won't hurt you and he will probably grant you the continuance for you to do your thing. My wife is in a similar situation as you, she is scare to death in going to court, and I think she believes the judge is some sort of devil. Is just another case for them. Do not try to do everything in 1 day when you can get 60 days or at least 30 days and do it right instead of hasty.See if they got mediation if they do ask for it. Link to comment Share on other sites More sharing options...
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