Jump to content

Summons to Answer - 5 y.o. Medical Collection


Recommended Posts

Hi All,

There was a "guy" who came knocking on my door and wanted to leave some paperwork for me. My girlfriend said I was not home and asked him to leave, this guy threatened to come visit me at work etc. He came back a week later, and though our Ring camera I asked him to leave the paperwork underneath a mat - he did. The paperwork is a Summons to Answer.

 

First - I'm not quite sure if this is legal and authentic as I figured I have to be served this type of paperwork. I did some research, and this CA (Professional Finance Company), has a Summons to Answer with the local court for about 3 people a day everyday. Mine is due mid-April.

 

Story: Debt is 5 years old, the OC send me some invoices for 6 months and then I got one notice from Professional Finance Company that they are in possession of my debt, and that's when I last heard from them (and this showed as a collection with all three CRA).  The Summons to Answer is also requesting me to pay an interest charge Professional Finance Company has been charging on this debt as well (which I believe is not legal). The total with this interest charge is less that $1,000

 

Questions/Steps:

  • I started Why Chat's HIPAA dispute process, so far I've been able to OPT-OUT, get my credit reports, requested a new DL showing my new address for the address delete letters.
  • I'm quite concerned that I might not have enough time to complete the whole process by my Summons to Answer due (I figured that if I was able to complete, my answer would have been a copy of the Certified Bank Order stating that this debt is not valid as it's been paid in full); not sure if my thinking is correct on this one.
  • I'm quite concerned that what I do in terms on answering this Summons to Answer it will show as a judgment on my credit reports. 
  • I'd like this to disappear when paid (I understand there is a process I can take when this will show as "Collection - Paid in Full" - I've been working really hard on trying to clean up my record and pay any debts that are valid.

 

Thank you for any help! 

Link to post
Share on other sites

You need to promptly begin 1) figuring out with your local Clerk if the case is actually a case and if it is, then 2) begin working on your Respondent's Original Answer. 

 

You constructively accepted the service when you gave directions on what to do with the paperwork.  You may also reasonably believe that the Ring situation was documented on the return of service documents...

 

If you have been sued, you are in a different sandbox than people hoping to make things go away through a traditional dispute.  You NEED to be learning civil procedure.  Being sued is NOT a judgment until after the gavel bangs down and you have lost. 

Link to post
Share on other sites

Check with your County Court and see if anything has actually been filed. If so, you would need to file an answer. What State are you in?? Almost all States have a 4 year SOL ( statute of limitations) for medical collections dating from the date of medical service. If you have actually been sued you need a lawyer to answer the lawsuit for you ( and possibly countersue for filing a time barred claim) If you have NOT actually had a lawsuit filed you need to get a lawyer to file suit against the CA for illegal debt collection.

Link to post
Share on other sites

Hi Centex - Thank you very much for this response. I've tried to get some information from the local court but given our recent snow storm in Colorado everything has been closed down. Planning to go by tomorrow and speak with a Clerk to see if I can find something. Not going into detail I did have a feeling it was going to be a lose-lose situation by asking to leave the docs under the mat. I just googled the civil process and will make sure to dive deep into this, thank you for the recommendation. 

 

Hi Why Chat - Thank you also for your response. I'm in Colorado. I did a quick search and found that Colorado's SOL on medical debt is 6 years, I have not cross checked with other references yet for accuracy. Would you know if this is correct? I did see on your website that Colorado has an SOL on open accounts at 3 years. Could that apply to me?

 

Just theoretically, if I answer the summons by claiming the debt and send them a certified bank check, would that collection show as a Collection Paid in Full, or a judgement? All in all after I find out if the Summons is valid sounds like I should be looking for a lawyer and knowing the Civil Process will help me with understanding what is going on. 

 

 

Link to post
Share on other sites
13 hours ago, crazyMarmot said:

Hi Centex - Thank you very much for this response. I've tried to get some information from the local court but given our recent snow storm in Colorado everything has been closed down. Planning to go by tomorrow and speak with a Clerk to see if I can find something. Not going into detail I did have a feeling it was going to be a lose-lose situation by asking to leave the docs under the mat. I just googled the civil process and will make sure to dive deep into this, thank you for the recommendation. 

 

Hi Why Chat - Thank you also for your response. I'm in Colorado. I did a quick search and found that Colorado's SOL on medical debt is 6 years, I have not cross checked with other references yet for accuracy. Would you know if this is correct? I did see on your website that Colorado has an SOL on open accounts at 3 years. Could that apply to me?

 

Just theoretically, if I answer the summons by claiming the debt and send them a certified bank check, would that collection show as a Collection Paid in Full, or a judgement? All in all after I find out if the Summons is valid sounds like I should be looking for a lawyer and knowing the Civil Process will help me with understanding what is going on. 

 

 

You would NOT send a check with the Answer.  Any sort of negotiations at this point are between you and counsel for plaintiff.  Anything else is improper as the other party is known to you to be represented by counsel.  Your proposed settlement is something opposing counsel is REQUIRED to take to their client. 

 

A great number of cases settle AFTER service and before gavel bangs to grant a judgment...not just in the debt field but in ALL manner of civil litigation.  VERY FEW civil cases (or criminal for that matter) EVER go to actual trial, no matter whether bench or jury. 

Link to post
Share on other sites

https://whychat.me/States/state-col.html

 

Colorado has a 3 year SOL for medical accounts.

Click the link in the above State data or go directly to;

https://law.justia.com/codes/colorado/2017/title-5/debt-management/article-16/

 

to get proper legal information.

 

If you tell me what County you are in I will send you a link to look up the status of this alleged lawsuit without having to go in person to the Clerk's office.

https://www.courts.state.co.us/Contact/District.cfm

 

Edited by Why Chat
Link to post
Share on other sites

Hi Centex - I apologies for not being clear regarding this:

16 hours ago, crazyMarmot said:

if I answer the summons by claiming the debt and send them a certified bank check, would that collection show as a Collection Paid in Full, or a judgement?

I meant sending the check to the CA.

 

Hi Why Chat - I'm in Jefferson. Also, thank you for the link with the credit Statues in Colorado. Looks like a lot of great information, I'll read through this tonight after work. From what I've seen already also, if the Summons is not valid, then under 5-16-107 (j) this is not legal either. 

 

Thank you once more for all the help!

Link to post
Share on other sites

Hi All,

 

I stopped by the court and the summons is not valid, the CA just created a look-a-like. The records department told me that this is a common tactic by them, but almost always they see this CA file a true summons about a week before the bogus one expires

 

 

Link to post
Share on other sites
12 hours ago, crazyMarmot said:

Hi All,

 

I stopped by the court and the summons is not valid, the CA just created a look-a-like. The records department told me that this is a common tactic by them, but almost always they see this CA file a true summons about a week before the bogus one expires

 

 

Ballsy of them to forge the Clerk's stamp...THAT may be something the DA would be willing to pursue...

Link to post
Share on other sites
3 hours ago, centex said:

Ballsy of them to forge the Clerk's stamp...THAT may be something the DA would be willing to pursue...

diregard this...reply was related to a different thread...

Link to post
Share on other sites
  • 1 month later...

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.




  • Member Statistics

    • Total Members
      182,756
    • Most Online
      2,046

    Newest Member
    SimplyTrina
    Joined
×
×
  • Create New...

Important Information

Guidelines