So, the sob story:

I had some medical bills a while ago, got all of them paid off except one. When I got back on my feet and could pay, I called the OC and was told that the account didn't exist - even when I said "Look, I know I owe you about $300, I just want to know how much I owe so I can send you a money order." Turns out they'd handed me over to a CA. I tried again to make a payment to the OC and again they refused - the account didn't exist.

CA sued me, this time I COULD get somewhere with the OC and I sent them the full HIPPA letter with money order enclosure, filed a response to the suit that the account was paid, sent the follow up letter to the OC (my mistake: forgot to send it CMRR, just went regular postage). The CA did not withdraw the account from my CR (according to TC web reports) after about 90 days, so I am in the process of requesting a paper copy and was planning on sending a second follow up letter (this time CMRR).

This weekend I got a notice that the CA is suing me for court costs, since I didn't pay the OC until they took me to court. Do I have any recourse here?

Wait, when you said that they sued you - did they, or did they *threaten to sue?

Actually, let me back up again - did you ever send the pre-hipaa letter, or just the hipaa with insert a? My first guess is that you weren't actually sued - you were threatened - because if Scumbag CA, LLC actually sued you, then you would owe Scumbag CA, LLC for the FULL amount - not just court costs.

Scumbag LLC filed a suit against me in Small Claims Court for $275.00 or so.

I sent the hippa letter w/ payment (sorry, don't have my notes here and this was in Dec... I think that's the hippa letter w/ A) to the OC.

I filed a response in Small Claims telling Scumbag LLC that the account was paid.

Next I hear (this weekend) Scumbag LLC is filing for summary judgment for court costs. I have not yet responded.

How did you hear this (and from whom)? What was said in relation to this claim? And - most importantly - have they actually filed the new claim? Is the first suit dismissed yet? That's what we need to know.

I've received a notice from the atty. that looks just like the original filing (format wise).

It occurs to me, this was mailed where the other was served by a processor, and I don't think there's a filed stamp from the county clerk on this one... I'll have to double check (I'm at work, the notice is at home).

As for the first suit being dismissed, I have not heard anything from the courthouse since the day I filed my response.

I could be wrong and others can chime in and let me know...but I think you need to find the status of the first suit and verify if they filed another. Call the Clerk of Courts and see where this all stands.

Thanks, I'll dig up my files and verify everything.

OK, finally...

The letter I received this weekend has the same case number on it as the original case. It is not stamped "Filed" by the county clerk. I called the clerk of the court to ask for the status of the case and gave her the case number. She said the last status was the answer I filed December 08.

This is a "Motion for Summary Judgement" asking for court costs. I received it in regular mail.

Any input? Am I really liable for these court costs or is this guy just harassing me?

It sure seems like they're just harassing you, but I'm hesitant to offer *any* advice, until you know for sure. I mean, I'm guessing that you "do" know for sure, because the county clerk didn't have anything new on the files.

BUT, you also didn't specifically say that the case was dismissed - just that the last status was your answer.

That's all the Clerk had for me. I don't know if that means the case was dismissed or if the CA just isn't taking me before a judge. I literally have no idea what to do.

Call her back. That's what I'd do, anyway.

This is my 2 cent- this type of question has come up before on the medical forum before, the HIPPA Process can only be used prior to court proceeding.
Once you have been served Why Chat's HIPPA Process is off Limits.

So...

If the HIPPA process is off limits

And the Clerk of the Court says there is no status change on my case since the answer was filed in December

Am I really obligated to pay court fees for a collector when the OC repeatedly denied that my account even existed until I sent them the payment after I'd been served? It was the only way I could get the amount owed

First I'm not a lawyer..but you should ask one.
Years ago I filed a mechanics lien in pro per and was set to go to court.
The opposing attorney filed a Motion for Summary judgement.
I didnt know how to properly respond and figured I would just tell my side in person in court when the motion would be heard. I even asked a lawyer at a law firm I was doing work for at the time and they said I could respond in person and would probably be cut some slack for representing myself in court.
WRONG...
I showed up in court and the judge said I needed to respond to the Motion in writting and presented the same as an officer of the court was required too. Because I didnt..he wouldnt even hear my testimony and had already ruled aginst me when I hadent responded to the Motion for Summary Judgement.

So it could be the lawyer suing you knows your not an attorney and might ignore the Motion and he will win by default.
Plus I dont think it would show up as a new case or something the clerk would have direct knowledge about.

You need competent legal advise on how to respond.

At least thats my take on things.

I know here in California , Small claims is off limits for attorneys and its alot more informal.

Plus court clerks are not allowed to give legal advise.

Good Luck

I urge you to have this thread moved to the "Help I've Been Served" forum.
"Calling" a Court clerk is pointless, you need to find out exactly what the actual case file shows as having been filed.
If your case file is not available on line, you need to GO to the Court and see if any motion has actually been filed for summary judgment, if so, you need to properly answer it.

In addition, you need to file a complaint with your State AG office and the FTC if they have NOT actually reopened the case or have not filed a NEW action against you and are breaking the law by sending you "fake" legal threats.

Thank you! I'll see what I can find out.