Short notice HELP, Please?

[goosers]

I have spent days and nights on this board, but haven't seen two people dragged into court for one of their issues. Here is the info:

1. Who is the named plaintiff in the suit? BOTH of us (husband and wife)

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) James H. Therrell, IV and Makyla Moody

3. How much are you being sued for? one is less than $30!! The other is less than $500

4. Who is the original creditor? (if not the Plaintiff) two separate medical providers

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

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

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

Process Service Requirements by State - Summons Complaint

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

9. What state and county do you live in? CO Arapahoe Cty

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

11. What is the SOL on the debt? 6yrs

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). Court Monday 11/26

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

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. Yes

15. How long do you have to respond to the suit? (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?

I have to file an answer before, or on 11/26.

1. Debt due and owing

2. Implied Contract

3. Quantum Meruit

4. Account Stated

5. Unjust enrichment

6. Family use doctrine

no interrogatory

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The only exhibit lists the names of the oc's, amnts, interest, and totals. One of them also has an LC/LP 05/19/08

When I sent DV, they sent a list similar to that attached to the summons with 4 oc's. I sent them another dv letter requesting proper validation to which they sent a packet of medical records followed by the summons.

We tried to call before court to make settlement, but they chose not to return our phone call. Now I'm not sure if we should settle at court, or fight it? I was hoping for some opinions please.

Thanks for your help!

[BrunoTheJDBkiller]

I have spent days and nights on this board, but haven't seen two people dragged into court for one of their issues.

Happens all the time, especially for medical issues, and almost all of them lose in court. It's the CO family purpose doctrine that allows them to name both parties. For this amount, send a settlement offer, payment plan, something. For this amount it isn't really productive to get into some court battle, you'll just get stuck with the legal bills. Oh, and you are the defendant, not the plaintiff. Who is suing you? That's the plaintiff, and you didn't tell us who it is.

[unemployednomore]

3. How much are you being sued for? one is less than $30!! The other is less than $500

I can't help but think the court wouldn't take such a suit favorably. It seems a waste of the court's time. Honestly, where do they get off trying to pass something that's less than thirty bucks off as needed litigation?

[goosers]

My thoughts exactly on the $28. I even searched frivolous lawsuits (which wasn't even in the ballpark with what the legal definition is lol) So, if I pay them in court Monday, will it be considered a judgement? Do I need to file an answer at all?

Oh- we're being sued by Wakefield and Associates.

I love Love LOVE this board! I was all prepared to deny everything and include a list of affirmative defenses, but for such a small amount, I'd rather pay and just make it go away! Thank you SO much for such quick replies.

[1stStep]

This goes against my grain but...

For the $28, offer to pay in exchange for a dismissal with prejudice.

Get a postal money order and sign the dismissal when you pay.

For the $500, I'd fight it - 1 or 2 hours of legal fees eats the debt...

[goosers]

Thank you. I'm torn on which way to go with this. I feel like we have a chance because the records sent didn't say anything about the oc- other than bills, and I honestly have no idea whether we owe them or not (the $500). The $28 should have been waived with admission to the hospital. If these cases generally lose, that makes me even more nervous.

[1stStep]

In that case, answer - deny everything and ask for documents... then you can decide whether or settle.

[goosers]

In that case, answer - deny everything and ask for documents... then you can decide whether or settle.

Good suggestion. Thanks again!