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CA vs Me Medical Bill (I only owe and want to pay $150 of $600


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Hi,

I'm afraid to answer all of the questions below in case I upset the CA/Layers I am "fighting" I will answer as many as I can in this post. I am looking for some general advice and a couple answers to questions to decide if I should go to trial or try and reach a debt settlement agreement.

 

1. Who is the named plaintiff in the suit? -Collection Agency

2. What is the name of the law firm handling the suit? -Local Attorney well respected

3. How much are you being sued for? $600

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

5. How do you know you are being sued? (You were served, right?) Served in person by a constable

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

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? I got a letter and 1 phone call and 1 message on my voice mail. (my mail does not always get to me.

9. What state and county do you live in? Nebraska, Lancaster County.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)- Never. I didnt get a bill for a very long time the billing company was based in CA

11. What is the SOL on the debt? To find out: 5 years (written?)

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). Complaint Files, Summons Served to me Sat July 12. I have 20 days from 12th to file answer.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I sent a letter to the collection agency after they sent me a letter I didn't use certified mail, I also sent another to the layer this one certified. I don't know if it is on my credit report. Truthfully I dont much care about my credit as I can't afford to buy a car or house right now.

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 requested debt validation never heard back.

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 got a summons and a complaint no affidavits or anthing else. 

here is my retyped (poooorly ) copy of the complaints guts. I can take a picture and post if if needed.

 

Plaintiff

v

Me

 

comes now....

1 this is an attempt by a dept collected to collect a debt and any info obtained will be used for that purpose 

2 plaintiff is a corp. doing bussiness in NE, defendent is a resident of lancaster county NE

3 That at the special instance and request of said defendants or members of defendants family for whome defedants are responsible, plaintiff, assinor, ***** nueropsychology, perfomred and delivered certain goods and services and labor for the defendants or family on an account at the fair and reseaneble  or agreed amount  of $600  More than 90 days have elasped  since first presented for payment the statement for services may contain infor that is portected by hippa and upon written aouth by the proper part of by order of the court the statements  will be provided.

4 tat the valuable consideration to assignor the account was trasferred and assigned to  plaintifff there is now due the plaintiff from the defendants the sum of $600 wherefore plaintiff prays for judgement agains the defendants in the sum of 600 plus pre nad post judgement interest together with plaintiffs costs herein expended and atterney fees when authorized by law. 

 

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No- nothing sent to me besides summons and complaint.

17. Read this article:  will read the article.

 

 

 

I am wondering if I go to court and try and fight them because I truly owe only $150 (copay) and I have the EOB to prove it will I still pay the court fees and layer fees  on top of the $150 (I did have a $150 no-show but I was left a VM that the Dr was out that week and needed to reschedule only to receive another VM a day before saying I could come in to see him.) I did not get either in time so I did now how up. My goal is to pay as little  possible to them and (i dont see how) if I can pay less than I owe them I'd just pay what ever less to the actual drs office because I did/do owe it to therm. I wanted to pay but I was told to hold off and wait for insurance. When I finally got a bill it was wrong and it was absolute hell dealing with a billing company 1600 miles away and two time zones away. I called anthem and cigna both for help and antham finally helped guide the billing people on how to submit the claim correctly but even then it was wrong. I just want to "do the right thing" because Im a good person. I hate that i will have to pay money I don't really owe. according to the CA the best they are willing to do is a settlement of 275 plus court costs. should I go for that because an attorney will cost me more than that and id still have to pay for thier court costs? I havent been able to sleep more than 1 or two hours since sat the 12th. Debt is my true fear in life and has been since childhood I have nightmares about this situation or something similar ever since I wassa kid. any help I get I really appreciate. I am sorry if this all makes no sense im going to arrtibute it to my lack of sleep. thank you all in advance.

 

 

 

 

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All you can do is offer a settlement however, given that you do owe the money the odds on them settling for the $150 and eating it on the court/lawyer fees are not good.  The worst that will happen is they reject your offer and make a counter offer.  Settlement talks cannot be used against you in court.

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Thanks for the feedback 500 posts and hasn,

They offered to do 275+plus court fees and said it would be about 390. I guess that would be better than a default judgement. They said they "dont do settlement agreements" should I still pay them without anything in writing? Is it common for a Collection Agency not to sign settlement agreements? Im afraid they want to pull a fast one on my take money from me and still go for more.

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