In September I was served with a summons for a debt from a collection agency regarding an 8K medical bill. I answered the summons, did some research and found that the medical center never filed a claim with the insurance company despite having my information. They sent this “self pay” 8k balance to the collection agency who is now suing me for that amount, and then filed the claim with my insurance company and collected the payment *after* I was served the summons and the suit was filed.
I brought this to their (the medical center and the plaintiffs) attention and didn’t hear from them for several months. 2 days ago, I received an ER 904 notice – a letter stating they are submitting an itemized statement of the services I received in the hospital as evidence against me along with a ...a trial date. I haven’t objected yet, but I will. I called again today with the check reference number from my insurance company and the hard proof that the medical center had been paid, trying to get this resolved. The medical center said I still owed my co-pay (no problem, I’ll pay that) but that I still needed to pay the 500+ in lawyer and court fees to the collection agency, who by the way is still taking me to trial for the 8K. Furthermore, when they served the summons, I wasn’t home, so they left it with a friend, they have entirely misrepresented the amount I owe, they have not furnished any proof of owning the debt, and I’ve had to take time off of work and school (I’m a full time student) to handle this, so I’ve lost significant money because of this. Do I have the right to counter sue them? If so, should I? Will I be responsible for the attorney fees when it wasn’t even my fault that it went to the collections agency to begin with?