ahyz Posted August 10, 2013 Report Share Posted August 10, 2013 I am being sued by law firm representing hospital for unpaid medical bill. The summons and complaint provided only vague information, so in my response I stated that vague account information has been provided and I can't say this is my debt. The lawyer sent me a letter in response to my answer, providing detailed account information and stating that he has prepared order to motion to summary disposition which will be filed if I don't respond with a signature on consent judgment with a payment plan lawyer proposed. This debt was supposed to be covered by spouse' (now) ex-employer. They offered a perk of covering any excess deductibles about certain amount, however when it was brought up, they stated that the perk was no longer offered and the enrollment paperwork spouse signed that states such perk (have copy of that enrollment along with previous insurance enrollment and a bill that was previously covered) but employer said, information on the renewal was a mistake. I do want to take care of this debt or work out settlement, but do I need to file any response with court to this motion? I do have court date set for Tuesday, yet this form is to be signed and returned by Monday. I was hoping to state my case in front of the judge and perhaps get balance due lowered or remove interest, fees and such . I'm clueless how to proceed. Link to comment Share on other sites More sharing options...
Clydesmom Posted August 10, 2013 Report Share Posted August 10, 2013 I am being sued by law firm representing hospital for unpaid medical bill. The summons and complaint provided only vague information, so in my response I stated that vague account information has been provided and I can't say this is my debt. The complaint from the court does not have to contain the evidence they intend to use at trail unless your state law requires it. Most states do not though a handful do. Typically it is a simple statement of the reason the suit is filed, what they are seeking, and who is seeking it. If the defendant wants more then they have to do their own discovery. I do want to take care of this debt or work out settlement, but do I need to file any response with court to this motion? ALWAYS file a response to the court to preserve your rights. I was hoping to state my case in front of the judge and perhaps get balance due lowered or remove interest, fees and such . I'm clueless how to proceed. The only interest involved here is post judgment interest that will be awarded, court fees, and attorney fees. Once it gets in front of the judge those will stick and be awarded. The judge cannot lower the balance you owe the hospital and neither can they. The reason is you have insurance which paid their portion. It is illegal to discount your portion owed and a violation of the contract with the carrier. Discounting the patient responsibility portion is called illegal rebating and carriers DO pursue providers that do this via their own lawsuits. If you do not like the lawyer's payment plan I would try and negotiate one that you both can live with . If he gets the MSJ they can garnish bank accounts, put liens on property, and garnish wages if your state allows that. All very unpleasant options. Link to comment Share on other sites More sharing options...
shellieh98 Posted August 10, 2013 Report Share Posted August 10, 2013 If you have a signed agreement with spouse's ex employer, you can sue them for the amount you end up having to pay. How much is the debt for? I see you are in michigan, did the complaint come with a affidavit on the suit? And when was the debt incurred? (when did you go to the hospital and sign the papers that you agree you are responsible?) How much time do you have before you need to file an answer? I would go to the forum "Q's to answer when posting in this forum" and copy the questions, come back here and paste those questions, and answer them, we can help you better then. Link to comment Share on other sites More sharing options...
Clydesmom Posted August 10, 2013 Report Share Posted August 10, 2013 If you have a signed agreement with spouse's ex employer, you can sue them for the amount you end up having to pay. it would not be successful. The kind of program the employer offered is voluntary and can be withdrawn at anytime without further obligation. Even if a suit was possible it does not change the fact that the provider is not a party to that agreement and has NO obligation to wait while the patient works it out with their employer. In a situation like this it is FAR better to pay the provider and then fight with the employer over the perk of reimbursement than to ignore the bill until you get sued and it trashes your credit. when did you go to the hospital and sign the papers that you agree you are responsible? The day the care was rendered. That form that EVERY patient or parent signs not only consents to treatment but to payment for services. NO hospital will take a patient outside of an emergency situation when they cannot sign and EMTALA covers treatment without getting a financial guarantee. Another part of this is that insurance was used. The agreement with ANY carrier is that the subscriber is ALWAYS a guarantor for any amount not covered by the policy even if they are not the one who physically signs the financial guarantee form with the provider. Link to comment Share on other sites More sharing options...
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