08-08-2007 08:34 AM
08-08-2007 09:57 AM
08-08-2007 10:28 AM
If the OP has the wherewithall to pay, shouldn't he/she just pay the bill before the court date? If there is nothing to get a judgement for, then there will be nothing to put on the CR.
JennLewis wrote:Hello,First things first - don't call them anymore. Remember the old saying - "anything you say can and will be used against you". It sounds like they're trying to bully and scare you into paying.Have you verified that the summons that you have is legitimate? Was is served by a sheriff or a court official? If not, then the first thing that I would do is check to see if the summons is legitimate. Check with the clerk of courts where the lawsuit was "filed" and verify that the summons is real. One of the sneaky tricks that junk-debt collectors do is send collection requests that look like a summons so the person will be frightened into paying, thinking that they'll have to go to court.If the summons is real, then you need to get a lawyer RIGHT AWAY and have that lawyer represent you!! The site http://www.naca.net has a list of lawyers who specialize in credit cases. They can advise you on what to do based on the situation. The lawyer can also tell you how an out-of-court settlement will appear on a CR, if it even appears on the CR at all. I'm not sure, but I don't think it shows up as a judgement, but the account may show up as a "paid collection" on your report. Double-check with the attorney.
- If the SOL has expired on the debt, the CA can't sue you, and you can use that as a defense in court. If you decide to go to court, make sure that you have that lawyer go to court with you to represent you.
- If you do want to honor that bill, even if the SOL has expired, then you need to work with the attorney to help you make a settlement with them before it gets to court. You're in the catbird seat because of the expired SOL (if the SOL expired), so more than likely, you may be able to get a settlement that's completely in your favor.
- If the SOL hasn't expired, then the lawyer can work with their lawyers to settle the case before it gets to court where everyone is happy. An example settlement - you pay the money owed (or a % of what's owed) in Y amount of time, and in return, they drop the lawsuit AND they don't report it on your CR. Follow up with the attorney that you choose to represent you to see if a settlement shows up on your CR as a judgement.The woman that you spoke to at the law firm is correct - if you don't show up, the court will enter a default judgement against you, and it WILL show up on your credit report.
08-08-2007 10:45 AM
08-08-2007 12:49 PM
From what I'm gathering from what the OP said, the OP tried to resolve this on his/her own and the CA is not playing ball. The attorney will be able to advise him/her on the best way to settle where it's to the OP's advantage (bill doesn't appear on CR), ESPECIALLY if the SOL has already expired. The attorney may also be able to use his/her "power of persuasion" to get the CA to drop the lawsuit completely, as well as get a PFD for the OP.
08-08-2007 06:07 PM - edited 08-08-2007 06:50 PM
lugger26 wrote:I am trying to find out some insight (any would be great) on a medical collection bill. I received a summons to file an appearance for a past due medical bill. Yes it is my bill and I do owe the money. The questions is this: I have had credit problems in the past due to medical bills and have finally started to straighten out my credit and my score is rising. The last thing I need is a judgement for this bill to be put on my credit. When I tried to phone the lawyer they told me "Oh the judgement is already on your credit and you don't even have to appear in court just set up a payment plan with us. Well I know this is not true since I not only received the summons today, but I monitor my credit daily so the woman at the law office state if I don't appear they will just enter a default judgement against me. I even offered to pay the bill in full and they still stated a judgement will still be entered???? Can someone explain how a judgement gets entered if i pay the amount due before the court date? Or can I offer to tell the judge I will pay in full?? Any advice would be great to keep this off my credit.I LIVE IN ILLINOISMAIN QUESTION IS: IF I PAY THE TOTAL DUE CAN A JUDGEMENT STILL BE ENTERED?
08-08-2007 06:45 PM - edited 08-08-2007 06:46 PM
08-08-2007 09:22 PM
08-08-2007 09:38 PM
08-09-2007 12:26 AM
Have you talked to a lawyer as JennLewis suggested?
Are you sure it's really a lawfirm?
Check your PM.
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