Ok, here is the situation.
I was served with papers notifying me that a creditor was suing me for an outstanding balance from the hospital on the birth of my daughter. I sent them a check for the full amount being requested, which included the interest they are asking for.
A couple weeks later, I get a letter from the law firm, requesting $103 more dollars, with no explanation as to what this balance is for.
I sent them back a fax, requesting documentation of these futher charges and have heard nothing back.
In the meantime, I received notification from the court that our court date has been set for November 8.
I don't have the $100 sitting around ( I took an advance off my credit card to pay the initial $2200) so what are my options here?
I do not believe that they can force me to pay a balance with no substantiation, yet here comes the court date.
What should I do?
2006-10-29 22:31:31 · 7 answers · asked by Gem 7 in Business & Finance ➔ Credit
I know they will have to show the judge documentation. The problem is if we step foot into court, then they get to collect legal fees too.
2006-10-29 22:42:34 · update #1
Unfortunately you have no choice but to appear in court. They will have to turn over whatever bills they have to show the cost you owe.
What happens next will depend on the judge. Hopefully he's a pro-consumer judge like what I have in my county.
Note that in many states, court costs are NOT automatically ordered. If this happened in my court, the judge would simply tell this collection attorney that you made an honest effort to pay this bill, thus avoiding the need to come to court. Now the attorney is forcing a court visit over a $100 bill, taking up valuable time from the court to hear such a frivilous case. He would probably not award court costs.
Don't hold your breath for this to happen, because there are an awful lot of jerk judges out there too! But go to court and give your side. You have no choice, unfortunately.
Just be sure that you tell the judge you requested that they disclose the billing information and the lawyer refused.
2006-10-30 10:55:06 · answer #1 · answered by Anonymous · 2⤊ 0⤋
The additional money appears to be court costs, or the money the creditor spent to sue you. You would be responsible for these costs even if you paid the amount they were suing you for before the initial court date. Though I am not an attorney, I have been in collections for 18 years and have seen this often. Is it the creditor's fault? No, it is just the way it is.
I would go into court and notify the commissioner/judge that you paid the initial amount and are in need of more time to pay the 103. Most creditors do not want to be cold hearted, especially in court, so hopefully they will agree to give you ample time to pay this without a judgment being entered.
Just do not ignore it though thinking you are right without proving yourself.
2006-10-30 00:41:50 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Call legal Aid in your area, it is free advice. make sure that if you have to go to court, have all your bills and the cashed checks, or copies of front and back so the Judge can see it. Try callin the hospital or collection agency again and explain maybe they will take it off. Good luck.
2006-10-30 00:22:43 · answer #3 · answered by Dolly 5 · 0⤊ 0⤋
Go to Court and have all your payments and reciepts with you. Take the credit card receipt and the returned check too. If they can't prove where the money is then they won't get anymore than they have received. BE prepared though that is the biggest mistake people make.
2006-10-29 22:44:24 · answer #4 · answered by bellslady65 3 · 0⤊ 0⤋
I'm not exactly a lawyer but my opinion is one that is bred from many discussions of this nature (which I usually win). I do not think that the law firm can bill you without proper documentation, especially when it was requested. However you should attend the hearing and make your case there.
Please do not take this as a professional opinion, but do not discount it, while I am 13 I have decent knowledge of law and such.
2006-10-29 22:40:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Go to court, then they will have to show documentation to show the judge why they think you still owe them money, and if you do owe it , and don't have it right then and there you will probably be allowed to pay it in installments. And if they don't show for court the matter will be thrown out, but if YOU don't show they will automatically order you to pay.
Good Luck
2006-10-29 22:40:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
hmm im not sure try suing them since they have no proof for the extra money good luck
2006-10-29 22:35:36 · answer #7 · answered by MARILYN 1 · 0⤊ 0⤋