Arkansas District Court (small claims) -- is this RIGHT?

[Jimmy E]

I was served with a Complaint on July 31, 2021 saying I owed just over $299 to a hospital.  Having access to my entire account with this hospital online, I NEVER saw invoices or statements that I owe this amount.  I NEVER received a billing statement, phone call, email, or any kind of message saying I owe the hospital this amount.

The FIRST I knew of this was a court server who came to my home, left a 'sticky-note' that a lawsuit had been filed against me.  Having returned home within an hour of this 'note,' I called the server and asked if she could deliver the 'service of complaint' asap.  Within the next hour, she came back to 'SERVE' me on a Sat evening...fine.

I swear on my children, I was completely unaware that I owed 'hospital' anything at all -- after insurance paid, along with my not seeing a balance on the hospital website.  To clarify, I would go to hospital site to see results of tests, etc.  The site included "billing," which I never saw ANY amount due --- after insurance and co-pays.  If I go to site now, it is the SAME -- NOTHING, which hospital I'm sure would argue it was removed because of collection activity.

All of a sudden, without receiving billing statements, no emails, no phone calls, no messages, I suddenly get a single-page Complaint that says I owe hospital $299.  Of course with Plaintiff filing fees and 'costs' the total is now $530.00 -- meaning, IF I owe $299 according to Plaintiff, they've added an extra $230 for 'fees.'

First, seems unusual that a Plaintiff 'debt collection company' would spend $230 to collect $299 -- go figure.

****NOW THE PROBLEM/QUESTION****

I was SERVED on  Sat, July 31, 2021.  My fault, but did not answer until August 31, 2021.  My answer was a general denial.  It was technically put into the case by the court clerk on Sept 3, 2021 -- a total of 4 days late.

Next thing I see online is a DEFAULT JUDGMENT in favor of Plaintiff -- a barely recognizable 'stamp' signature of the judge .  I ASSUME it was because I was technically LATE in replying to Complaint (30 days).

Here is what I did NOT see:  The Plaintiff did not file a 'MOTION FOR DEFAULT JUDGMENT.'  In other words, the case went from court filing my ANSWER to Complaint (filed into case file on Sept 3 as I saw online), to me seeing a DEFAULT JUDGMENT against me (on Sept 10 online) for $529.  Plaintiff NEVER filed a 'MOTION FOR DEFAULT JUDGMENT,' but seemed to have gotten it anyway by the court!  Makes no sense to me!  I have yet to receive ANYTHING besides the Original Complaint, which was on a single page, and included NO affidavit as to the accuracy of account.

I'm a very honest person.  If I owe this hospital $299, I'm happy to pay it.  What pis*es me off is the original complaint (an accusation with no proof) presumably means I OWE IT!  I disagree.

On Friday, Sept 17, I sent a "MOTION TO SET ASIDE DEFAULT JUDGMENT" giving, what I consider 'valid' reasons by missing the 30-day deadline by 4 days at most (emphasis added) -- using AR Rules of Civil Proc., Rule 55).

I suppose I'm asking opinions on the forum what I should do?  IF I owe $299, I'm happy to pay, of course.  What upsets me is that I filed an answer 4 days late (at the latest)!.  In my 'Motion to Set Aside Default Judgment,' I quoted ARCP 55, which gives the judge discretion to allow me to send discovery, etc.  In fact, the particular rule states something to the effect of:  'Plaintiff should PROVE case and not be awarded it on a technicality'.

If it matters, this Plaintiff attorney has THOUSANDS of cases filed using this small-town district court in a big county as its venue, no kidding!  Is it proper for judge (or clerk) to simply rubber-stamp a default judgment when the technical 30-day deadline has lapsed -- again without consideration as to my 4-day late answer?

In Ark, I know I can do a de novo appeal to CIRCUIT COURT.  It's $300 bucks I allegedly owe.  A one-page complaint, no affidavit of accuracy of account, NOTHING -- just a "you owe this, PAY it!"  Any ideas on what 'monkey-wrenches' I can toss in if my 'Motion to Vacate Default Judgment' is not granted, besides a de novo appeal to Circuit?

I've looked at more than 2500 cases filed by this Plaintiff attorney (as a debt collector) -- just back to April 2021 (I got tired of clicking backwards beyond that) for Plaintiff cases filed in this small town District Court.  Only when I look OUTSIDE my county do I see Plaintiff EVER file a 'Motion to for Default Judgment,' but NONE in my county -- only robo-cases, robo-stamped as default judgments after 30 days elapse.

ANY input would be greatly appreciated.  Thanks in advance.

Jimmy

 

 

 

[BV80]

@Jimmy E

Have you read this?  It doesn’t say that a default judgment must be filed.

https://arkansasag.gov/arkansass-lawyer/legal-resources/guide-to-small-claims-court/

It does say:

”If the plaintiff appears but the defendant does not appear, the court may enter what is known as a default judgment against the defendant. This means that the plaintiff has won his case. However, the plaintiff must still be prepared to provide to the court evidence and testimony to support the plaintiff’s claim for relief.”

If it were me, I’d go to the courthouse and see what “evidence”, if any, is in the file.

[Bulldoger]

 

9 hours ago, BV80 said:

@Jimmy E

Have you read this?  It doesn’t say that a default judgment must be filed.

https://arkansasag.gov/arkansass-lawyer/legal-resources/guide-to-small-claims-court/

It does say:

”If the plaintiff appears but the defendant does not appear, the court may enter what is known as a default judgment against the defendant. This means that the plaintiff has won his case. However, the plaintiff must still be prepared to provide to the court evidence and testimony to support the plaintiff’s claim for relief.”

If it were me, I’d go to the courthouse and see what “evidence”, if any, is in the file.

Ark. R. Civ. P. 55

As amended through April 2, 2020

Rule 55 - Default 

(c)Setting Aside Default Judgments. The court may, upon motion, set aside a default judgment previously entered for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) the judgment is void;

(3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; or

(4) any other reason justifying relief from the operation of the judgment. The party seeking to have the judgment set aside must demonstrate a meritorious defense to the action; however, if the judgment is void, no other defense to the action need be shown.

So you can file a motion to set aside default judgement. 

1) mistake if you mailed your answer on August 31 certified mail you could argue you thought count started next business day. 

2)  argue judgement is void I think this is what @BV80 was hinting about. 

 

 

 

[Jimmy E]

On 9/19/2021 at 5:43 AM, BV80 said:

@Jimmy E

Have you read this?  It doesn’t say that a default judgment must be filed.

https://arkansasag.gov/arkansass-lawyer/legal-resources/guide-to-small-claims-court/

It does say:

”If the plaintiff appears but the defendant does not appear, the court may enter what is known as a default judgment against the defendant. This means that the plaintiff has won his case. However, the plaintiff must still be prepared to provide to the court evidence and testimony to support the plaintiff’s claim for relief.”

If it were me, I’d go to the courthouse and see what “evidence”, if any, is in the file.

@BV80

I appreciate the information!  In my county, filings into this particular District Court show a date, a brief description of what the clerk filed, but no link to actually SEE anything.  On the other hand, in other counties in the state, one can click and see EVERYTHING that any party has filed.  That's why I noticed that, in this case, Plaintiff had not filed a motion for default judgment.   However, I was able to see and read exactly what he's filed in other counties. 

Of course, you're right.  I just need to go to the court and ask to see the file.  The strange thing about this whole thing is the attorney has an office in our largest city, but uses a district court that is still in same county, but 30 miles away!  I just know this Plaintiff attorney sits behind his desk with the luxury of electronic filing.  Truth be known, he's probably hasn't physically been to this court in months and months! lol

This small-town is notorious as a speed trap, and people getting a bad "shake" in general with this court.  I know that's irrelevant, but if you knew this small town, you'd understand.

Anyway, thanks again!

Jimmy

[Jimmy E]

18 hours ago, Bulldoger said:

 

 

@Bulldoger

Thanks for the information -- I really appreciate it!  I know I'm fighting an uphill battle on this one -- especially since I was technically 4 days late with my answer denying the claim.  In the 2500 cases I scrolled through from this Plaintiff attorney (just back to April 2021), it was disheartening to see that not a single person answered at all.  But it really bothered me to see the default judgment granted without an affidavit of account or even a motion for default judgment -- a kind of backwards "PROVE YOU DON'T OWE US MONEY!" 

As @BV80 pointed out though, I should go to the court to look at the file.  Given the sheer number of cases filed from this ONE attorney, I honestly think once a week the clerks pull all cases filed by this attorney that are 30 days old, and if there is no answer to the complaint, they grant a default and stamp the judges name and move on.

A funny aside, the "judge stamp" on mine is 

Whaaa?  I had to look up the judges name!  The clerk was kind enough to email the judgment to me.  I've still received nothing in the mail from Plaintiff attorney.

I fully expect the ultimate recourse to be a de novo appeal, which I'm beginning to lean heavily against.  It would be a waste of time, money, and energy to fight back on principle.  No judge is going to believe I received NO billing statements -- I get that. 

At this point I'm thinking the best way to proceed is *IF* by some miracle my motion is granted, to just try to negotiate with Plaintiff attorney to pay the $299 without his $230 in fees, on the slight chance he would equate a granted motion for me as a much longer delay in collecting anything at all.

Thanks again!

Jimmy

[Bulldoger]

IDK,

Maybe you go COVID-19 and couldn't get out of bed file your answer in time.  

How did you file in person or via mail? If by mail you can certify that you mailed it in time and post office delayed in mailing and post marking. 

An appeal will not give you any different result.  

De Novo. The court gives no deference to the lower court’s decision and applies the same standard as the district (aka lower court). Whatley v. CNA Ins. Co., 189 F.3d 1310, 1313 (11th Cir. 1999).

No answer was filed by due date so they will apply law and say judgement affirmed. 

 

 I would drive and get copy of case file at least you know what they have on you.  Maybe it's for someone else with same name not your account. If there is nothing in case other than an affidavit or statement you owe money then you can argue it's a void judgment (no proof you owe the debt) and you can file a motion to dismiss judgement.

you need the original court to vacate your default judgement then you have leverage to settle for just original statement. Most courts have a time period in which you can request default judgement be vacated. 

Then if judge does not vacate you then have something that can be appealed.  

 

 

[Jimmy E]

@Bulldoger

Thanks again for the excellent info!  I filed by mail.  Yeah, in my 'motion' I mentioned the TRUE fact that there was a two week period in Aug where I moved my son to another part of the state, where he contracted covid and strep (he's okay now), which delayed my answering.  So, it wasn't just a "I have no reason at all to have been late in filing an answer."

I'll go up there as you all have recommended, to see what's in the file.  I have a STRONG 'gut' feeling if it's missing an affidavit of account and/or a motion for default judgment, it will "magically" appear a day or two after my visit.  I'm not kidding about the town I mentioned.  These complaints are literally 'fill-in-the-blank' (you owe 'x', you live at 'x') -- even the default judgment.  I really need to bone-up on ARCP.  Maybe Plaintiff doesn't have to file a motion for default judgment before a default is granted, but would think they would have to have the affidavit or some statements.

Anyway, your input greatly appreciated.  Thanks again!

Jimmy