I live in Michigan if that matters, and I received a summons today that says I am being sued for an outstanding medical bill. Is there any way to pay this and not have to go to court, or now since it has gone to an attorney is it mandatory to go to court. And also, would I have to pay attorney fees on top of the medical bill amount?
It says also that I have to file an answer with the court within 21 days of receiving the summons. What does that mean? I will check all this in the morning, but Im a little worried about it tonight. Thanks in advance.
2007-09-24 13:52:31 · 6 answers · asked by Sassy Pants 3 in Politics & Government ➔ Law & Ethics
And regarding court costs...any ballpark idea how much those range from?
2007-09-24 13:59:00 · update #1
What you should do:
1. Contact the creditor's attorney (his name should be on the top left corner of the paperwork [complaint] you were served with). Advise him that you would like an extension to respond to the complaint as you need to hire an attorney;
2. Do you want to pay the outstanding amount owed? If so, advise the attorney that you would like to make a payment plan for the amount owed - confirm the amount and see if perhaps you can negotiate it to a lower amount (sometimes the creditor may be willing to do this);
3. If you are unable to reach the attorney (to get the extension or make a payment plan), you will have to file an answer within 21 days of being served with the summons and complaint (better file it in 20 days). The cost to file it varies on the court. Fees are listed here:
http://courts.michigan.gov/scao/resources/other/ffc.htm
and http://courts.michigan.gov/scao/resources/other/cfee.pdf
and http://courts.michigan.gov/scao/resources/other/dfee.pdf
(again, if you are in Circuit Court vs. District Court, the fees are different);
4. Check your local court's website to see if they have standard answer forms. Deny everything except your name (if you agree to everything then they can get a judgment against you very quickly). Here's a website address with some forms:
http://courts.michigan.gov/scao/courtforms/
and
http://courts.michigan.gov/scao/courtforms/generalcivil/gcindex.htm
Find the one that says "Civil - Answer" - that should be the form you can use.
5. If you can negotiate with the attorney, you may not have to pay the attorneys' fees. Since a lawsuit was already filed, it's best to go through the attorney, rather than going directly to the company to whom you may owe the money.
6. If you cannot afford to pay the filing fee, you may be able to ask for a waiver. Go to the courthouse (the address of the court should be listed on the summons) and get a form to see if you can proceed "in forma pauperis" (or something sounding similar to that).
Hope this helps!
2007-09-24 15:44:56 · answer #1 · answered by Princess Leia 7 · 0⤊ 0⤋
You have 21 days after the date you were served to hire an attorney if you want...the attorney would file an answer on your behalf. You don't have to hire an attorney but you must respond to them within the 21 days or they can get a default judgment against you. If you do not dispute the bill and want to pay it, just call the lawyer who prepared the complaint. I am sure they will allow you to pay it (with court costs) and that way you will not need to attend court. But do so prior to the 21 days running out.
Before you just rush down there and pay it, make sure the statute of limitations has not run. If the bill is for example 5 years old, it may be that it is too late for them to obtain a judgment - IF you appear and say so. However, the 5 year period is just a number I pulled out of the air. You need to know for sure what the statute of limitations is in your state and when your specific charge occurred. If you don't plea the statute of limitations, then you can't use it...at least that is true in Virginia. And I wouldn't even suggest that normally because I think to not pay bills is wrong - but I also think that hospital/medical bills are total highway robbery in this country - but that's just my personal opinion.
2007-09-24 20:57:50 · answer #2 · answered by joni38 3 · 0⤊ 0⤋
If you don't file an answer they can get a default judgment against you which means you automatically lose. Contact the attorney for the Plaintiff and tell him you want to pay the bill. The hospital will be glad to accept the money so they can avoid attorney fees also.
If you do settle make sure he files a dismissal before you're time is up to file an answer because they could change their minds and get the judgment against you anyway so mark your calendar and don't miss those dates!
2007-09-24 20:56:37 · answer #3 · answered by Georgia Peach 4 · 0⤊ 0⤋
If you try to pay it now the hospital will add its lawyer and court costs. They already have extra costs. If you go to court and lose you will pay the bill, lawyer fees, court costs and probably interest. If you can't pay it on the spot they will garnish your pay, your IRS refund, empty your bank account and could take other valuables.
You are in deep kimche now. Call your local pro bono program and get a low cost lawyer. Do not wait as any lawyer will need some time to draw up a response to the suit.
2007-09-24 21:10:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You can try to reach a settlement -- by offering to pay the full amount do, or even part of the full amount due -- and if a settlement is reached, the other side can dismiss the case.
But if you don't settle -- and don't show up -- they win.
2007-09-24 22:47:53 · answer #5 · answered by coragryph 7 · 1⤊ 0⤋
Years ago I too had to appear and didn't. They garnished my checking account. took everything I had in it. So unless things have changed I would make sure I went. I imagine they will allow you to make payments... hope this helps
2007-09-24 21:02:48 · answer #6 · answered by Marge f 2 · 0⤊ 0⤋