WhyChat help please ... I was served for Medical Bills

[onestepatatime]

OK I was in the process of clearing these up when my husband got a message at work to call the Magistrate Court. They never tried to contact us a home even though our correct address is clearly on the suit.

 

OK so they have lumped a bunch of accounts into one suit. I do not have a detailed list showing which account belongs to who (me or my husband) and it does not include amounts due only a lump total.

 

It was filled on July 27, we got the papers today Aug. 22.

 

I know for sure that one account is invalid as I do not own any amount on it. I notified the OC when I got the collection letter and they were supposed to correct it but evidenly they did not.

 

Its a total of 4 accounts that they grouped, the one is invalid, then there are two that are from 2002. The last one is from 2005 however on all the collection letters they were trying to collect more than what was owed.

 

Can you give me some advice? I'm in Georgia so I don't know if there is a SOL on the accounts from 2002, one is a hospital and the other is a dentist.

[Why Chat]

OK I was in the process of clearing these up when my husband got a message at work to call the Magistrate Court. They never tried to contact us a home even though our correct address is clearly on the suit.

 

OK so they have lumped a bunch of accounts into one suit. I do not have a detailed list showing which account belongs to who (me or my husband) and it does not include amounts due only a lump total.

 

It was filled on July 27, we got the papers today Aug. 22.

 

I know for sure that one account is invalid as I do not own any amount on it. I notified the OC when I got the collection letter and they were supposed to correct it but evidently they did not.

 

Its a total of 4 accounts that they grouped, the one is invalid, then there are two that are from 2002. The last one is from 2005 however on all the collection letters they were trying to collect more than what was owed.

 

Can you give me some advice? I'm in Georgia so I don't know if there is a SOL on the accounts from 2002, one is a hospital and the other is a dentist.

You are going to have to file an answer and notice of appearance and dispute ALL of their claims.

 

If you go to the "Help I've Been Served" forum you will find a LOT of help on answering a lawsuit.

 

In addition, on my website is a link "How To Answer A Lawsuit"( do not use the portions that are for credit card accounts)

 

You should claim ALL defenses possible including that you have proof that there is nothing due on the one claim ( get something in writing from THAT OC) and that you have no knowledge or records of any of the others as they were all over 4 years ago and you no longer have records that far back.You should claim the Ga. 4 year SOL on ALL of them, except the one that you have proof was paid.

http://whychat.5u.com/States/state-ga.html

 

In addition, you should state that the CA has no legal claim as they have apparently aggregated several disparate claims in violation of the uniform code of civil procedure and without your written consent.

[onestepatatime]

Thanks so much for the quick reply. Sorry to be dense but can you explain what you mean when you said this:

 

In addition, you should state that the CA has no legal claim as they have apparently aggregated several disparate claims in violation of the uniform code of civil procedure and without your written consent.

 

Thanks again!

[Why Chat]

Thanks so much for the quick reply. Sorry to be dense but can you explain what you mean when you said this:

 

In addition, you should state that the CA has no legal claim as they have apparently aggregated several disparate claims in violation of the uniform code of civil procedure and without your written consent.

 

Thanks again!

Any lawsuit must have a "cause of action", i.e. a basis for the claim.

A plaintiff is not allowed to assemble a bunch of different claims from different OC's from different dates and glob them together into one lawsuit in order to create a large enough lawsuit to allow them to file a single suit.

 

The only time an aggregation of different claims from different people is allowed is in something like a class action suit, and that requires the consent of the Court, or in some civil cases, ( as if there are several injury claims) with the consent of all parties so that each case does not have to be heard separately. This "bundling" of claims is NOT allowed in the case of a CA trying to pad his case with a grab-bag of unrelated claims.

Edited August 23, 2007 by Why Chat

[onestepatatime]

Oh ok. I guess I was thinking that because the insurance was in my husbands name that they would be allowed to group them (even though I didnt think it was fair).