Jump to content

Sued by 3rd party vendor of Hospital by their Attny-Question


Recommended Posts

Hope this is where I can ask a question!!  I have followed C for years and she indirectly has helped me helped lots of folks!!

 

Ok, I have a lawsuit from an Attorney representing an actual hospital vendor, he is not or does not appear to be trying to collect for his firm. He sent a demand letter with a lawsuit printed out in it, I sent a validation letter which he responded to with a bill. He filed suit and i filed an answer, then filed discovery. he has answered them and asked for a telephonic hearing as he is in houston tx and the case is in collin county tx, far away.

1st Question?? what should i file to object to this to make it hard for him?? the lawsuit is for 1400.00 and houston is 4 hours away

 

History- We had a baby and made an agreement with hospital and signed a contract for the amount 7500 which we were told included everything including the circumsicion procedure, it has been alomst two years and then we get a demand letter for the procedure we were told was included by a third party hopsital vendor. We have no contract with the third party vendor but the attorney is using the vendors contract with the hospital as why we owe. I have an email from the hospital staff that says they were unaware that procedures had changed right before we signed our contract with them. I also have a witness that was with me in hospital during signing of contract

 

2nd??  Any advise on some motions or steps??

 

Link to comment
Share on other sites

ok just saying in case you didnt know.  (I work in a hospital in a high position, kinda know how billing works)  If you signed a contract with one entity for an "all inclusive" type deal it does NOT include 3rd parties that may be needed.  They do the procedure, surgery, or what ever, and collect on their part, the 3 party does their own "collecting".  

 I had something similar where I agreed to pay one price for an operation, and  while the hospital honored the "one price" it did not include the 3rd party which happened to be an asst. in the surgical procedure I had.  I wrote them and refused to pay.... it has been about 8 years and haven't heard another word from them.  Hospital routinely do this. (well hospitals don't, they honor "their" agreement, and don't count the 3rd parties, they are on their own to collect)

 

That being said..is their an actual suit they filed in  court against you?  if so answer these questions.

 

 

For everyone that posts here, it will help us out if you can provide the following information: (revised 02-09-2012)

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):


1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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

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

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?

9. What state and county do you live in?

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

11. What is the SOL on the debt? To find out: 

Statute of Limitations on Debts

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

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

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.

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? 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

 

We can help you more after you answer. :)

 

also, how long has it been since they filied a telephone appearance?  If you want to make it hard for them you need to file an opposition to that appearance, but you have a limited time to do so.  In my state it is 5 days, but your state it amy be different. according to your rules of civil procedure. 

Link to comment
Share on other sites

Hello Shell,

Here is what is wierd the all inclusive one day before us did include the circumcision, so the employees told us while we were signing that it was included, would this hold up??

 

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit?----Me personally

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

3. How much are you being sued for?----1400.00

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

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)---constable

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?----NONE Zero came out of the blue

9. What state and county do you live in?---Texas, Collin

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)----Never

11. What is the SOL on the debt? To find out: ----4 yrs

Statute of Limitations on Debts

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

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)none

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 he sent a bill

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? Just recieved interrogatorries yesterday

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.---None they are saying the contract with hospital is proof

 

We can help you more after you answer. :-)

 

also, how long has it been since they filied a telephone appearance?  If you want to make it hard for them you need to file an opposition to that appearance, but you have a limited time to do so.  In my state it is 5 days, but your state it amy be different. according to your rules of civil procedure.---Just filed late last week

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.