topic Re: Got summoned to court! Please help!! in Rebuilding Your Credit

Got summoned to court! Please help!!

April0507 — Wed, 28 May 2008 00:33:13 GMT

I am really new to all this. I just discovered this site and have been trying to learn about improving my credit and everything. But my boyfriend got a letter in the mail today telling him he has to go to court. It's from hospital bills that he couldn't pay. He was trying to fill out the financial paper to get some type of aid from the hospital to help him pay it but I guess he didn't get it in soon enough and now it's too late since it was sent to collections I guess. But neither of us have any idea what to do now. Can someone please help us? The total amount it says he owes is $4806.50. Please tell me there not gonna make him pay all that because he has been unemployed for about 3 months now and that's why he couldn't pay the bill in the first place. He doesn't have any money at all right now so what are they gonna do?

Re: Got summoned to court! Please help!!

slyhouse08 — Wed, 28 May 2008 00:51:10 GMT

If you got the court papers...he is being sued...and he will get a judgment on his reports???...

Re: Got summoned to court! Please help!!

April0507 — Wed, 28 May 2008 00:56:00 GMT

what does a judgement mean? Is there anyway they will work with him on this? I just don't understand how there gonna make him pay all that when he literally doesn't have any money right now until he can find a job.

Re: Got summoned to court! Please help!!

FixinMyCredit — Wed, 28 May 2008 00:59:44 GMT

Is the paper he received a summons or a judgment?

Re: Got summoned to court! Please help!!

April0507 — Wed, 28 May 2008 01:03:36 GMT

it's a summons. It says he needs to appear before the court within 20 days of receiving the letter and he just got it today. But I wanted to kinda get an idea of what they were gonna do to him before we did anything.

Re: Got summoned to court! Please help!!

FixinMyCredit — Wed, 28 May 2008 01:07:11 GMT

What state are you in?

Re: Got summoned to court! Please help!!

April0507 — Wed, 28 May 2008 01:09:11 GMT

West Virginia. but these bills are really recent. They're 11/7/2007 and 2/25/2008

Re: Got summoned to court! Please help!!

guiness56 — Wed, 28 May 2008 01:16:49 GMT

First of all, he needs to show up on the scheduled date. By not doing so they win by default.

If they do win he will have a judgment placed on his credit report. I think it stays for 10 years from filing but could be wrong. I am not entirely sure on judgments.

I don't think there is SOL on medical bills. Your state may have specific information on this.

Re: Got summoned to court! Please help!!

April0507 — Wed, 28 May 2008 01:25:19 GMT

so what makes them win? Do they automatically win since he doesn't have the money to pay right now? How bad does a judgement affect your credit score?

Re: Got summoned to court! Please help!!

slyhouse08 — Wed, 28 May 2008 01:27:30 GMT

A judgment is a public record...and it will hurt scores a lot...and it will be on reports for 10 years...unless he gets the money...pay...and try his hardest to get a "Release of Judgment"..after payment..and it will be removed...

Re: Got summoned to court! Please help!!

FixinMyCredit — Wed, 28 May 2008 01:34:33 GMT

Make sure he shows up when he's supposed to. Explain the situation, financial hardship, and see if they are willing to settle for a lesser amount. Don't let them win a default judgment by not showing up because you'll have a very nasty mark on your credit report for 10 years, AND you'll have to pay the full amount.

Re: Got summoned to court! Please help!!

April0507 — Wed, 28 May 2008 02:40:21 GMT

ok. Thank you for the replies. He will definitely show up for it and hopefully it will go well.

Re: Got summoned to court! Please help!!

April0507 — Wed, 28 May 2008 16:25:57 GMT

I was just wondering, what if we can settle for a lower amount and he pays it and everything, can we ask them to take it off his credit report? or will they not do that? I've been reading a little about writing a PFD to get them to take it off but if we're already going to court over it does that mean it's too late to write one?

EDIT: Ok we went to the courthouse today to show them the summons and I thought they would set a court date but they wanted an answer from him, like does he deny or admit that he owes the money. He told the women that he admits he owes it, he just doesn't have the money right now to pay it. So, she said maybe he should call them and try to make an agreement or something before he gives his answer. Is that a good idea? This is all so confusing to me. And is he supposed to call the hospital or the collection people?

Message Edited by April0507 on 05-28-2008 09:25 AM

Re: Got summoned to court! Please help!!

Shnapple — Wed, 28 May 2008 17:08:07 GMT

What I know:

I got a summons years ago from a non-secured bank loan. I called the bank immediately and set up a payment (I think I took a loan from my 401k). On my report it reflects as a charge-off instead of a judgment.

I'm pretty sure judgments stay on your record for 7 years from the filing date. I did research on it lately for a couple other people.

I'm pretty sure there IS a SOL on medical bill collections, however once a judgment is filed, it can report FOREVER if they keep the judgment active.

Re: Got summoned to court! Please help!!

slyhouse08 — Wed, 28 May 2008 17:10:09 GMT

Once paid...you need to try and get a "Release of Judgment"...or get it vacated...from the plaintiffs lawyer...in that case..it won't stay on there for long...