Another Case Won For Now

[Icesgirl]

In January I received a summons to Small Claims for a hospital bill I owed. I hadn’t made a payment in a long time, so I decided to go ahead and make a payment to see if they would accept it, they did. I filed an affidavit for the first hearing along with canceled check.

Icesgirl,

Sounds like your ducks were all in a row, especially with the affidavit. Small claims courts, from what I have found, tend to go more by the book, and less by personal opinion on the judges' part. Congratulations!!!

Paperwork.

They hate the paperwork. 'specially when it tells the truth...

Big Thumbs Up!!!

HB

[dadmoonbunny]

Originally Posted by Icesgirl

In January I received a summons to Small Claims for a hospital bill I owed. I hadn’t made a payment in a long time, so I decided to go ahead and make a payment to see if they would accept it, they did. I filed an affidavit for the first hearing along with canceled check. Second hearing was set for March 24th. So I made another payment two weeks later, and then another debt collector sent me a letter concerning the same debt saying I had 30 days to pay or dispute this debt. I ignored it because I already had a court date set for March 24th.



I called the Hospital to see what the balance was on this account. She said this account has gone to collections. I said NO it’s in court. Then I asked them how many different collectors they use, hell she didn’t know. Then I told her after They accepted payment from me that they sent another collector to harass me, and that they was violating the law.

I pretty much just hung up on her. Once again I get an affidavit ready for the case, and was going to file it with court the 22nd when I returned home. I checked the mail as I was going in side the house and there was a letter from the court, me thinking what in the hell do they want this time. Lord behold, when I read the letter, there was many questions running through my head. Here is what it said.



MOTION TO DISMISS



Plaintiff moves to dismiss this claim without prejudice for the reason that satisfactory settlement has been reached.



Dated: MARCH 11, 2005



Signed By There Attorney





ORDER



The Plaintiff’s motion to dismiss this claim without prejudice is granted and this case is ordered so dismissed an placed off docket.



Dated: MARCH 14, 2005



Stamped with judges name

Somewhere, (maybe this site), I read that if the signature is stamped rather than signed (in Black Ink) that it was not considered official, and therefore was not valid, anyone? Any thoughts?

I realize that it may be nit-picking, but as has been said, the freedom is in the fine details

In the first hearing, when you filed the affadavit, did you give them the original check, or a notarized copy?

Did you reply to the CC agencies with VOD letters?

Lastly, are you keeping an eye on your Credit Reporting Firms? From what I have read hear, those &^$(^*#@ may still submit documents to them if they had not already done so and that will stay there if you do not contest it.

I am not trying to be a pain, or judgemental, I just feel that if I ask these questions that it MAY further fine tune the processes we are all engaged in to free ourselves. I ask your forgiveness (and anyone elses) if I have offended.


Sic Gorgiamus Alus Subjuctatos Nunc

[Icesgirl]

glkglk; klk;k; l;k ;lk l;kl

[Icesgirl]

Originally Posted by dadmoonbunny

In the first hearing, when you filed the affadavit, did you give them the original check, or a notarized copy?

Did you reply to the CC agencies with VOD letters?

Lastly, are you keeping an eye on your Credit Reporting Firms? From what I have read hear, those &^$(^*#@ may still submit documents to them if they had not already done so and that will stay there if you do not contest it.

I am not trying to be a pain, or judgemental, I just feel that if I ask these questions that it MAY further fine tune the processes we are all engaged in to free ourselves. I ask your forgiveness (and anyone elses) if I have offended.

This small claim suit was on a hospital bill I quit paying over 6 mos ago because they the amount was never consistent with payments.

Just out of curiousity, why did you stop making payments to the hospital to begin with?

Dear IcesGirl,

Greetings in the Name of YHWH, and His precious Son, The Lamb! Thanks for sending the requested documents that you filed. I appreciate your diligence in all of these matters.

[Alison]

Hi...I didn't get past your first thread! I went a clinic last year for depression and the doc wanted me to do three thyroid blood tests. I told her I had just had them done two months prior and couldn't afford to pay for more. She said, "don't worry about it, it's covered by WizeWomen". Last month I got a bill for close to $516. I called a hospital and another clinic and they both quoted me around $275.

I am planning to contest this...any suggestions? I have a copy of the doctor's orders and no where in there does it say, "patient told she would pay for bloodwork" but does say right at the top "patient in for a WizeWoman screen and that I had had a thyroid test 3-6 months prior", but it also said I requested another one.
Alison

[Bill Smith]

The Plaintiff’s motion to dismiss this claim without prejudice is granted

$50 says that the plaintiff's attorney doesn't want to prosecute the case until after the new Bankruptcy Act goes into effect on October 17 so that you can't then discharge the debt. Probably in early November, you'll get notice of the new lawsuit and by then it will be too late to file for bankruptcy since the new Act requires six months of credit counseling AND they will force you into a Chapter 13 plan.

Go see a bankruptcy attorney immediately if this debt is large.