topic Re: Just received summons...what now!?!? Please help!!! in Rebuilding Your Credit

Just received summons...what now!?!? Please help!!!

Anonymous — Thu, 30 Sep 2010 21:32:35 GMT

My husband and I each received a summons in the mail today that we are being sued by a lawyer on behalf of our hospital for some bills. The lawyer works for the CA that the OC uses. These bills are from about 2 years ago, and the CA was previously reporting on DH's CR. However, I was using the HIPAA process, and they took everything off the CR. We didn't see or hear from them again until about 6 weeks ago when we received a letter from the attorney saying that if we didn't respond to him within 30 days we would be taken to court. In the meantime, DH has called several times and left messages asking for him to call back so we can discuss this. There has never been an answer when he calls, and he has never returned our messages.

What are we supposed to do now? We absolutely need to avoid a judgment. We're willing to PIF, but would need to make payments over about 3 months to do so. Is there any way to stop this court date from happening, or are we doomed? Any help that anyone could provide would be greatly appreciated!

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Fri, 01 Oct 2010 00:43:13 GMT

@Anonymous wrote:
My husband and I each received a summons in the mail today that we are being sued by a lawyer on behalf of our hospital for some bills. The lawyer works for the CA that the OC uses. These bills are from about 2 years ago, and the CA was previously reporting on DH's CR. However, I was using the HIPAA process, and they took everything off the CR. We didn't see or hear from them again until about 6 weeks ago when we received a letter from the attorney saying that if we didn't respond to him within 30 days we would be taken to court. In the meantime, DH has called several times and left messages asking for him to call back so we can discuss this. There has never been an answer when he calls, and he has never returned our messages.

What are we supposed to do now? We absolutely need to avoid a judgment. We're willing to PIF, but would need to make payments over about 3 months to do so. Is there any way to stop this court date from happening, or are we doomed? Any help that anyone could provide would be greatly appreciated!

Are you sure that what you received is an actual summons to appear or just a collection letter designed to look like they are about to sue you? A summons is usually handed to you by a deputy sheriff or a process server. If you received it only in the mail, then they have usually also tacked one to your front door.

If, in fact, you received an actual summons, you must appear / respond within the given time frame or they will get a default judgment against you. I would attempt to reach the creditor or creditor's attorney to work out a settlement. It would be unusual if they weren't open to one. If you cannot contact the creditor by phone, send them a letter by EMS if time is of the essence. If there is still no response, when you appear in court point out to the judge that you have made repeated, documented attempts to contact the creditor to make payment arrangements and save the court's precious time, yet the creditor has refused contact. Most judges I know would not take this lightly and would admonish the creditor's attorney to immediately get this matter settled. Worst comes to worst, ask the court for a stipulated judgment that allows for payment arrangements with the judgment only being rendered upon failure to make payments.

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Fri, 01 Oct 2010 00:54:14 GMT

Thank you for your response! I do believe it is an actual summons. I thought you had to be served in person as well, but I'm pretty sure it's legit. I think we'll try calling them again periodically tomorrow. In the meantime, I plan on drafting a letter to send CMRRR to the attorney to propose a payment plan. I'm also working on getting phone records together so that if (God forbid) we do end up in court, we'll have plenty of evidence to show that we've been trying to contact him.

It's a very frustrating situarion, because the OC still owns the account, so I've sent payments to them (as suggested by the HIPAA process), but they take MONTHS to cash them. The CA was reporting on DH's CR, but the CRAs have since deleted any trace of them. Anyway, sorry for the rambling. Thanks again for your response!

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Fri, 01 Oct 2010 02:39:10 GMT

This is the letter I've drafted. Please let me know your thoughts.

Dear Mr. Attorney

We are in receipt of your letter regarding a debt to Luther Middleport - Mayo Health Systems. We have tried to contact you via telephone several times and left messages, but have not been called back.

We would like to settle this debt outside of court if possible. We are willing to pay the debt ($2,389.20) over a period of four months, with a payment of $300.00 every two weeks.

If this is an arrangement that is acceptable to your client, please contact us so we might begin making the arranged payments.

Sincerely,

thenewgirl

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Fri, 01 Oct 2010 03:04:24 GMT

@Anonymous wrote:
This is the letter I've drafted. Please let me know your thoughts.

Dear Mr. Attorney
,
We are in receipt of your letter regarding a debt to Luther Middleport - Mayo Health Systems. We have tried to contact you via telephone several times and left messages, but have not been called back.

We would like to settle this debt outside of court if possible. We are willing to pay the debt ($2,389.20) over a period of four months, with a payment of $300.00 every two weeks.

If this is an arrangement that is acceptable to your client, please contact us so we might begin making the arranged payments.

Sincerely,

thenewgirl

Looks good.

I would not put specific numbers in the letter, though, as you are closing any opportunity there may be for the creditor to accept less. You never know, but the creditor may have been contemplating an offer for less.

Might not the following be better:

To save all concerned the time, expense and uncertainty involved with legal action, we would, for a limited time, be willing to discuss a negotiated settlement. You may contact us at (111) 111-1111.

By the way, what does the actual summons you received say? Can you copy & paste it here after removing identifying data?

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Fri, 01 Oct 2010 19:41:12 GMT

This is what the summons says:

Plaintiff

Defendant

To the Defendant(s):

You are being sued as described below. If you wish to dispute this matter:

You must appear at the time and place stated.

<Then, the address, date and time of the hearing is listed, and it is signed by the Clerk of Courts.>

Plaintiff's Demand:

The plaintiff demads judgment for:

Claim for Money $2,389.20 + $98.50

<Attorney's phone number, address, and state bar number are listed, and includes a notarized signature from the attorney.>

The second page lists the attorney's name, says that he is the plaintiff's/petitioner's attorney in this case.

Also says that defendants are not on active duty status in the military.

This page is also signed and notarized.

Both pages are stamped and dated by the Clerk of Courts for our county.

Also, if it is of any relevance, we are in Wisconsin.

Thanks!

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Sat, 02 Oct 2010 01:10:50 GMT

@Anonymous wrote:
This is what the summons says:

Plaintiff
vs
Defendant

To the Defendant(s):
You are being sued as described below. If you wish to dispute this matter:
You must appear at the time and place stated.
<Then, the address, date and time of the hearing is listed, and it is signed by the Clerk of Courts.>

Plaintiff's Demand:
The plaintiff demads judgment for:
Claim for Money $2,389.20 + $98.50

<Attorney's phone number, address, and state bar number are listed, and includes a notarized signature from the attorney.>

The second page lists the attorney's name, says that he is the plaintiff's/petitioner's attorney in this case.
Also says that defendants are not on active duty status in the military.
This page is also signed and notarized.

Both pages are stamped and dated by the Clerk of Courts for our county.

Also, if it is of any relevance, we are in Wisconsin.

Thanks!

Sounds like a summons, but Wisconsin sure has strange rules for service. Was the letter addressed to the address at which it was delivered or was it forwarded?

Anyhow, I'd try to contact the attorney and suggest payment alternatives. If they never respond, document this and make the court aware when you appear that this matter could have been resolved without wasting the court's time had the attorney been more professional and competent about returning your calls. Any decent judge would immediately order the creditor to sit down and discuss the matter with you before going any further.

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Sun, 03 Oct 2010 00:36:04 GMT

The letters were addressed to us. We each got separate ones.

I've started documenting everything that's going on, and I'm getting phone records so that it's clear we've been trying to contact him. Is it ok to send my letter in an e-mail? I'd just like to get this resolved as quickly as possible, as it's been driving me crazy ever since we received our summons. I was thinking about sending an e-mail and basically saying 'I've just mailed you this letter CMRRR, but I wanted to e-mail it to you as well in the hopes that we can resolve this matter quickly.' Just a thought. Plus, it's another form of communication I can show the courts if we don't get a response.

Thanks for all of your help, I REALLY appreciate it!!!

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Sun, 03 Oct 2010 00:46:07 GMT

@Anonymous wrote:
My husband and I each received a summons in the mail today that we are being sued by a lawyer on behalf of our hospital for some bills. The lawyer works for the CA that the OC uses. These bills are from about 2 years ago, and the CA was previously reporting on DH's CR. However, I was using the HIPAA process, and they took everything off the CR. We didn't see or hear from them again until about 6 weeks ago when we received a letter from the attorney saying that if we didn't respond to him within 30 days we would be taken to court. In the meantime, DH has called several times and left messages asking for him to call back so we can discuss this. There has never been an answer when he calls, and he has never returned our messages.

What are we supposed to do now? We absolutely need to avoid a judgment. We're willing to PIF, but would need to make payments over about 3 months to do so. Is there any way to stop this court date from happening, or are we doomed? Any help that anyone could provide would be greatly appreciated!

I confess to being unfamiliar with the HIPAA process, but my understanding is that it applies to paid accounts only.

Was your account paid? Or was it still unpaid and yet deleted?

I just thought I 'd ask to avoid any confusion others might have if they're reading this post.

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Sun, 03 Oct 2010 01:41:50 GMT

Sure thing. It was not paid, but deleted, leading me to believe that the debt was not valid. Like I said previously, we haven't heard anything about this for a loooong time until about a month ago when we received the initial letter from the attorney.

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Sun, 03 Oct 2010 02:00:06 GMT

@Anonymous wrote:
The letters were addressed to us. We each got separate ones.

I've started documenting everything that's going on, and I'm getting phone records so that it's clear we've been trying to contact him. Is it ok to send my letter in an e-mail? I'd just like to get this resolved as quickly as possible, as it's been driving me crazy ever since we received our summons. I was thinking about sending an e-mail and basically saying 'I've just mailed you this letter CMRRR, but I wanted to e-mail it to you as well in the hopes that we can resolve this matter quickly.' Just a thought. Plus, it's another form of communication I can show the courts if we don't get a response.

Thanks for all of your help, I REALLY appreciate it!!!

No problem with that. Just do not neglect to keep a paper trail.

One thought, though, is that the more anxious you seem the less incentive they have to negotiate for less than the total amount owed -- if that is a concern of yours.

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Sun, 03 Oct 2010 02:05:49 GMT

@Anonymous wrote:
@Anonymous wrote:
My husband and I each received a summons in the mail today that we are being sued by a lawyer on behalf of our hospital for some bills. The lawyer works for the CA that the OC uses. These bills are from about 2 years ago, and the CA was previously reporting on DH's CR. However, I was using the HIPAA process, and they took everything off the CR. We didn't see or hear from them again until about 6 weeks ago when we received a letter from the attorney saying that if we didn't respond to him within 30 days we would be taken to court. In the meantime, DH has called several times and left messages asking for him to call back so we can discuss this. There has never been an answer when he calls, and he has never returned our messages.

What are we supposed to do now? We absolutely need to avoid a judgment. We're willing to PIF, but would need to make payments over about 3 months to do so. Is there any way to stop this court date from happening, or are we doomed? Any help that anyone could provide would be greatly appreciated!
I confess to being unfamiliar with the HIPAA process, but my understanding is that it applies to paid accounts only.
Was your account paid? Or was it still unpaid and yet deleted?

I just thought I 'd ask to avoid any confusion others might have if they're reading this post.

I'm glad you brought up the HIPPA process. Although I am totally unfamiliar with HIPPA, I do have a few thoughts about how the collectins process in general applies to OP's concerns.

OP mentions the debt disappeared off her credit reports. Is that because she made a timely DV request which the creditor did not respond to? Is she dealing with a CA or the original creditor? Did the notice from the attorney contain the mini-Miranda about "this is an attempt to collect a debt ... and the ability to have the debt verified"?

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Sun, 03 Oct 2010 02:29:33 GMT

Good point. Thanks again for all of your help! I feel a lot better about this whole mess now, like I can actually do this and deal with it and create a good outcome for us. I really appreciate it!

On another note, something I forgot to say about the HIPAA process for anyone who is concerned with that portion is that the first step in the letter-writing process is to send DVs. Then, when it's validated you send another letter and certified funds. However, when ours wasn't validated and deleted instead, we were obviously reluctant to make any payments with the fear that it would bring our account to an active status and show up on our CR again. This is especially true because of the fact that there was no one contacting us in an attempt to collect the money. The biggest bummer of this is that we don't have aproblem paying the money, we just don't want it to affect our CR negatively (which I know seems pretty ironic, but true).

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Sun, 03 Oct 2010 02:46:53 GMT

@Anonymous wrote:
Good point. Thanks again for all of your help! I feel a lot better about this whole mess now, like I can actually do this and deal with it and create a good outcome for us. I really appreciate it!

On another note, something I forgot to say about the HIPAA process for anyone who is concerned with that portion is that the first step in the letter-writing process is to send DVs. Then, when it's validated you send another letter and certified funds. However, when ours wasn't validated and deleted instead, we were obviously reluctant to make any payments with the fear that it would bring our account to an active status and show up on our CR again. This is especially true because of the fact that there was no one contacting us in an attempt to collect the money. The biggest bummer of this is that we don't have aproblem paying the money, we just don't want it to affect our CR negatively (which I know seems pretty ironic, but true).

One of the nice things about a DV is that until the CA (it does not apply to OCs) responds, they must cease collection activities. Suing is considered a collection activity. This leads to the question about the letter you received from the attorney a while back. Was it a proper DV response? Did it contain the "This is an attempt to collect a debt ... which you may dispute within 30 days ... " mini-Miranda?

I might change my tactics here a little bit. Obviously your concern right now is to pay this debt and forestall legal action and I am confident you can accomplish this, but at the same time soften the creditor a little so they are more "understanding" of your position. You might have a successful countersuit against the CA for FDCPA violations related to the DV. Pointing this out tactfully, but with the fact that you are open to a negotiated, amicable settlement may get them to soften their position.

Still, I would get a local attorney to assist. In my experience and debtor themself rarely can handle negotiations effectively and just simply tends to roll over and play dead. A lot depends on how it goes when you make contact with the creditor and see what agreement they are open to. Hopefully they will be the ones to roll over and play dead.

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Sun, 03 Oct 2010 10:49:40 GMT

@Anonymous wrote:
Sure thing. It was not paid, but deleted, leading me to believe that the debt was not valid. Like I said previously, we haven't heard anything about this for a loooong time until about a month ago when we received the initial letter from the attorney......... The biggest bummer of this is that we don't have aproblem paying the money, we just don't want it to affect our CR negatively (which I know seems pretty ironic, but true).

Did you incur this debt? I'm not sure, but I assume you did, because at no point do you indicate that the billing was in error.

We know if debts are valid based on whether we incurred them and whether we paid them. Deleting a debt from your credit report has no effect on whether you need to pay the debt or whether it is valid. Creditors keep books, and they don't check your credit report to see if you've paid your account. At this point, it looks like you were trying to cheat the system and it turned around and bit you.

Best wishes to you as you take care of this issue.

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Mon, 04 Oct 2010 03:05:23 GMT

Well, I understand how it would look like we are trying to 'cheat the system', but that is definitely not the case. Everything that I've read about the HIPAA process has a specific set of steps laid out that you are to follow. The first letter-writing step is to send a DV letter. When the debt is validated, you then send another letter with certified funds to the OC to pay the debt. When this debt was not validated, but deleted, it was our assumption that they found an error in billing us or something of that sort. We've paid plenty of money to this hospital, and since this situation began we have been watching our hospital and insurance paperwork much more closely than ever before so that we know exactly where every penny is going. (On a sidenote, I would recommend every person do the same, as we have found multiple errors and had to contact our insurance provider and/or hospital to get things straightened out.)

Sorry to ramble and vent a little bit, but I definitely want people to understand where I'm coming from. I've seen some of the people on these forums who really are trying to 'cheat the system', but I can assure you I am not one of those people.

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Mon, 04 Oct 2010 03:14:13 GMT

@Anonymous wrote:
Well, I understand how it would look like we are trying to 'cheat the system', but that is definitely not the case. Everything that I've read about the HIPAA process has a specific set of steps laid out that you are to follow. The first letter-writing step is to send a DV letter. When the debt is validated, you then send another letter with certified funds to the OC to pay the debt. When this debt was not validated, but deleted, it was our assumption that they found an error in billing us or something of that sort. We've paid plenty of money to this hospital, and since this situation began we have been watching our hospital and insurance paperwork much more closely than ever before so that we know exactly where every penny is going. (On a sidenote, I would recommend every person do the same, as we have found multiple errors and had to contact our insurance provider and/or hospital to get things straightened out.)

Sorry to ramble and vent a little bit, but I definitely want people to understand where I'm coming from. I've seen some of the people on these forums who really are trying to 'cheat the system', but I can assure you I am not one of those people.

Thanks for clarifying. Sorry if I misread your posts. I know medical bills and insurance can be a huge headache. Congrats on being able to stay on top of all the billing issues and making everything good. It's always bad timing when you have to endure whatever the medical procedures/process was and then deal with what can be a huge mess from medical billing and insurance billing. Kudos to you for trying to take care of everything and I'm sorry you're having such difficulty with the CA - it's especially frustrating when you're trying to do the right thing!

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Mon, 04 Oct 2010 23:29:34 GMT

Thanks BeamMeUp! It is definitely frustrating, especially with the HIPAA process involved. Everyone who follows it makes it very clear that you should absolutely not skip any steps under any circumstances, so I stuck to that rule. I have to admit that even after using it, I don't fully understand it!

So this is where we're at now...

Since we have been trying to contact the attorney daily for the past few weeks with no luck, we printed a copy of the letter we wrote to him and my husband drove directly to his office (about 2 hours away). Here's basically what happened. Forgive me, it might get lengthy:

DH arrived at the office and told the receptionist that he would like to talk to the attorney and showed her a copy of the letter we were initially sent from him. The receptionist said the attorney would not talk to him. When he said we would like to avoid a judgment and set up a payment plan, she said we would need to call the CA, and gave him a phone number for them.
DH called the CA and they said they had no record of us in their system. When he finally gave them the name of the OC, they told him that we wouldn't be in the system at their branch, but a different location. They gave him a different phone number.
DH called phone number 2 and told them we would like to set up a payment plan. They said we couldn't pay them because our account had already gone to the legal department. After talking with her for quite a while, she finally told him she would contact the legal department to see what could be done.
CA called back tonight and said we could set up a payment plan, but that there was already a judgment against us. DH had to explain to her in several different ways for several minutes that there is not a judgment out there yet, just a court date, and that we are trying to set up a payment plan to avoid a judgment. She finally caught on and said that we could, in fact set up a payment plan. She told DH that she would either need our checking account information or debit card number in order to set up the plan. After he refused several times, offering to mail a cashier's check, she finally gave in and said she would mail us the paperwork to finalize the payment plan and have the court case dropped.

Again, I'm sorry for the sheer length of this post, but my main question is what kind of language should we be looking for from the CA to absolutely assure us that there won't be a judgment (provided, of course, that we make our monthly payments - which I can assure you WE WILL!!!)? And also, more out of curiosity, why is it so difficult to give these people money? We've contacted so many people, from the OC to the CA to the attorney, basically throwing money at them, and they don't really seem to want it. What gives? Thanks in advance for any advice!

Re: Just received summons...what now!?!? Please help!!!

Anonymous — Tue, 05 Oct 2010 00:32:54 GMT

@Anonymous wrote:
Thanks BeamMeUp! It is definitely frustrating, especially with the HIPAA process involved. Everyone who follows it makes it very clear that you should absolutely not skip any steps under any circumstances, so I stuck to that rule. I have to admit that even after using it, I don't fully understand it!

So this is where we're at now...

Since we have been trying to contact the attorney daily for the past few weeks with no luck, we printed a copy of the letter we wrote to him and my husband drove directly to his office (about 2 hours away). Here's basically what happened. Forgive me, it might get lengthy:

DH arrived at the office and told the receptionist that he would like to talk to the attorney and showed her a copy of the letter we were initially sent from him. The receptionist said the attorney would not talk to him. When he said we would like to avoid a judgment and set up a payment plan, she said we would need to call the CA, and gave him a phone number for them.
DH called the CA and they said they had no record of us in their system. When he finally gave them the name of the OC, they told him that we wouldn't be in the system at their branch, but a different location. They gave him a different phone number.
DH called phone number 2 and told them we would like to set up a payment plan. They said we couldn't pay them because our account had already gone to the legal department. After talking with her for quite a while, she finally told him she would contact the legal department to see what could be done.
CA called back tonight and said we could set up a payment plan, but that there was already a judgment against us. DH had to explain to her in several different ways for several minutes that there is not a judgment out there yet, just a court date, and that we are trying to set up a payment plan to avoid a judgment. She finally caught on and said that we could, in fact set up a payment plan. She told DH that she would either need our checking account information or debit card number in order to set up the plan. After he refused several times, offering to mail a cashier's check, she finally gave in and said she would mail us the paperwork to finalize the payment plan and have the court case dropped.
Again, I'm sorry for the sheer length of this post, but my main question is what kind of language should we be looking for from the CA to absolutely assure us that there won't be a judgment (provided, of course, that we make our monthly payments - which I can assure you WE WILL!!!)? And also, more out of curiosity, why is it so difficult to give these people money? We've contacted so many people, from the OC to the CA to the attorney, basically throwing money at them, and they don't really seem to want it. What gives? Thanks in advance for any advice!

In a nutshell, incompetence. And possibly greed. The staff in the creditor's billing / collections department may not be the sharpest knife in the drawer. And the attorney may not want to settle himself out of a fee.

The fact that the creditor has informed you that the court case will be dropped is enough to hit them with a civil suit for FDCPA violations if they do not do so. Still, you do need to be careful; it is better to avoid a problem then deal with it after the fact. Verify and then re-verify with the court that any court dates have been canceled.

Basically the agreement should state that the creditor is willing to accept X amount as payment in full to be paid according to the schedule you have bothh agreed to. Once this amount is paid according to schedule, the account will be marked paid-in-full and unless you default on the agreement no further collections activity will be taken and the current legal action will be either dismissed or put on hold pending agreement completion.

You may want to ask them to include the fact that they will not report anything to the credit bureaus, if applicable.

Re: Just received summons...what now!?!? Please help!!!

Cloudlb — Tue, 05 Oct 2010 00:53:52 GMT

a couple of comments from a legal procedural standpoint (I am not a lawyer, so this isn't legal advice). In some states, like Texas, service of process can be effected by certified mail. If it were me, I would be very careful to submit an answer to the court before the due date listed on the summons, even if you are working out a payment plan directly with the CA. It doesn't sound to me like there's good communication with the attorney (in any direction), and if you fail to do so, the attorney may take out a default judgment anyway. The time period for answering can be as short as 10 days in some small claims court, and you don't lose anything by filing a answer to the suit. If you successfully work out a payment arrangement, then you can ask to have the suit dismissed.