I was issued a summons by a debt collector on 4/29. I have not filed an answer yet, I am trying to get into see a lawyer. The agency who summoned me is claiming I owe for Medical bills for 2010. Also money for a property management company.
Now I do owe for the medcial bills. The Property management I don't belive I owe.
I was never contacted via telephone by the collection agency. Once I received a letter regarding my balances, I started sending in money. Some of the medical bills were small $40 here $50 there. I clearly labeled the payments. The last payment that I labeled was for a portion of a larger bill. That payment was sent back to be refused. I sent a letter requesting payment plan, they refused. They wont answer the phone, and now I'm being sued. Help!
Chapter 7 Bankruptcy Attorney
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”
PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT!
You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!
Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.
I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.
Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.
Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…
When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.
Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!
Check out the guide I have drafted on the Avvo profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!
REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable.
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.
You came to the right section... you should seek a free consultation from a bankruptcy attorney.
Legal Disclaimer: If this information has been helpful, please indicate below. Attorney Grennier is licensed to practice law in California. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Attorney Grennier strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
you need to file an answer denying that you owe the debt.
Consumer Protection Attorney
You might also want to consider speaking to an attorney who specializes in consumer law. The collection agency is covered by the Fair Debt Collection Practices Act, and a consumer attorney can listen to the facts and tell you if they think any violations occurred in your situation. Most provide a free consultation, and take cases on a contingency basis. A good place to find a consumer attorney, if you can't find one here, is the National Association of Consumer Advocates web site: naca.net. Whatever you do, do not miss any court dates, or they get a default judgment against you.