Medical - Court this Thursday

[Shaggy63]

I have a three year old medical debt in collections. I'm due in court this thursday due to agreeing to pay however not paying the payments I agreed to.

 

I have the money to pay the original debt however with the collectors fees the amount is double which I don't have. On my credit report the judgement lists the original amount.

 

I'm unsure of what to do at this point. Do I pay the OC and tell the courts?

[Clydesmom]

Odds are the OC is not going to accept payment now that the collector has filed suit but you can try.

 

What ever you do GO TO COURT other wise they get a default judgment.

 

I would attack the amount they are suing for. Most payment agreements with medical providers DO NOT include language that allows tacking on additional fees. The collection agency doesn't get interest until they actually get a judgment. You also need to read the patient agreement you signed VERY carefully (if you are lucky they won't have it) and see if it included language providing for attorney fees. If it didn't then they can't sue for that either.

 

I would also make a quick all to a consumer law attorney. You may have a SOL defense. 3 years seems a little long before suing and it is entirely possible depending on your state you have an affirmative defense that they waited to long and can get a dismissal with prejudice. What state are you in?

[Shaggy63]

They already have a judgement since I agreed to pay it. The judgement is for the original amount. The amount they want is double though. I will show up or according to the notice they'll issue a warrent.