I'm being Sued and need help

[djones]

Please forgive my ignorance, but I am not sure what to do.
I am being sued for 3 medical bills totaling about 700$ + 350$ for Attorney fees. I was paying the bills but after my wife lost her job the hospital sent it to an Attorney and I got a summons about 2 weeks ago. Next my wages will be garnished. Any help or advice would be great.

[charlesa6]

djones, welcome to the suijuris forum. Don't panic , they have to obtain court order first before any wages garnishment take place. Answer the summons; let them proof their claim before relief can be granted.

[masterduke]

Remove your money from the bank so they can't steal it by using a summary judgement order. Also monitor the court where this is happening to keep abreast of any sneaky stuff the debt attorney may try to pull. Like going to court without you being notified, etc. Does this attorney have standing to sue you in this court? Since they have started this case, you can start your discovery process. By filing a counter-complaint the court will have to deal with that before you are required to send the creeps the answers they seek. They want slam you as quickly as they can so make their life as difficult as possible. Check the downloads section here and also threads concerning debt collector stuff.

[djones]

I think that the court date has past because it has been 2 weeks from yesterday when I was given the summons. Is there anything that can be done if this is the case?Also I am not sure what you mean by “Does this attorney have standing to sue you in this court?”.

[masterduke]

Normaly the jerks have to give you 20 days or so(check your local court rules) to provide them with answers they are screaming for and this is followed by the useless court appearance where the creepy debt attorneys screw lots of people right out of the gate(with help from their partner in crime, the judge). If your court date is already past and you didn't show, then they got their summary judgement by default! You can appeal that ruling, if thats what has happened? Filing a motion for an "Out of Time" exstension. Altho it may be too late for that if they have the summary judgement. Clean out your bank account because if they have gotten the summary they have already made a presentment to your bank that is a 28 day time bomb that is ticking. On day 29 they will clean you out and your bank will also ding you for a hefty fee for providing this "service". Any overdraft protection you may have is exempt from the theft so that is safe. If you file an appeal that will put a "stay" on the summary order until that appeal is ruled on. Which if your not familar with court procedure jive it can be stressful! Regarding them having standing to bring a suit; that would be part of your Discovery that can lead to you being able to find out if they can sue you i.e. are they registered in your district, etc. You need to get up to speed quick. But first find out(by calling the court where this action is filed) so you can see if they already have their summary judgement ruling or if any other motions have been placed into the case dockett? If there is, and you have not recieved a copy from the debt attorney, that is not permissable, And would start to raise legitmate questions as part of your appeal.

[djones]

Thank you Masterduke and charlesa6 for your replies.
I checked the court docket and I need to have a written response to them by Monday. I have been reading some of the other threads but I don’t think I can come up to speed in time. So I am hoping that I can find some answers to a couple fuzzy questions. First by answering the summons with a written response, will I be entering into a contract with them? I have seen it written on several threads not to argue with them so how do I defend myself without arguing with them. I’m thinking that anything I say can be construed as an argument. Also will filing a “stay” give me the time to file a Discovery? I also read about asking the judge “what is his name” name and so on when I go to court. Is this a time I should do this and what should I answer if he asks my name? Any other information or do’s and don’ts would be of great help.
Please don’t misunderstand me Now that my wife is working I am willing and able to pay the debts with the exception of 1 of the 3 charges as it is not a valid bill because I didn’t receive any service or the lawyer fees.
I thank you in advance for your help

[charlesa6]

[quote=djones]Thank you Masterduke and charlesa6 for your replies.

I checked the court docket and I need to have a written response to them by Monday. I have been reading some of the other threads but I don’t think I can come up to speed in time. So I am hoping that I can find some answers to a couple fuzzy questions.

Sure.

First by answering the summons with a written response, will I be entering into a contract with them?

No. You just want to clear the deragatory out.

I have seen it written on several threads not to argue with them so how do I defend myself without arguing with them.

You don't need to argue, all you have to do remain in honor by let them proof their claim upon relief can be granted.

I’m thinking that anything I say can be construed as an argument.

You have to control your thought, that is your own perception.

Also will filing a “stay” give me the time to file a Discovery?

You have to pick 90 days from the court calendar, when you answer the summons, so that will give you time to do discovery and anything else.

I also read about asking the judge “what is his name” name and so on when I go to court.

It's not necessary because judge name is in the front of the bench as a name tag.

Is this a time I should do this and what should I answer if he asks my name? Any other information or do’s and don’ts would be of great help.

He or she is not going to ask you your name other than clerk call your name. When the clerk call your name, just stand up, and approach the bench, and tell the blackrobe "you are here for the matter".

Please don’t misunderstand me Now that my wife is working I am willing and able to pay the debts with the exception of 1 of the 3 charges as it is not a valid bill because I didn’t receive any service or the lawyer fees.

Don't worry everybody have their own rap sheet. It's not a big deal.

I thank you in advance for your help

Good luck.

[djones]

I saw on another Thread that the person sent the law firm a debt verification package and a notice of written communication. Is this something I need to do? And what is a notice of written communication? I will look in the download section to see if they are there.

[charlesa6]

[quote=djones]

I saw on another Thread that the person sent the law firm a debt verification package and a notice of written communication.

"VOD" for Attorney/debt collectors, and "Notice of written communication" for the bank.

Is this something I need to do?

Yes, however you have to understand the whole concept before you begin. Read more and studies.

And what is a notice of written communication? I will look in the download section to see if they are there.

As stated above. Do more research and further your studies.

[djones]

Ok
I will attach this response to my Summons and send it to the Attorney the Collection Bureau and the 2 medical centers. (see attached if I got it attached correctly) Is there any thing I need along with this or any thing to change?



Or I found this response from mnchicago

Dear_____:

Re: a/c no 478392

I deny that I owe you this amount, without dishonor.

Please send me validation of this debt to include:

Proof that you own this alleged debt, or

Proof that you have been lawfully asigned this alleged debt.

A copy of the original contract or bill.

Any other contact is a violation of the Fair Debt Collection
Practices Act. You have 30 days in which to validate
this debt.

Thank you for your help in adavance
Djones