Expert: Creditwrench - 6/3/2008

Question
In March of 2007 I had an Emergency Room visit.  After the bills had been paid by insurance I had a balance of 1781.35. I began making payment to the hospital in June and paid through February of 2008, ($50.00 monthly) which left a balance of $1331.35.

Shortly after the February payment I received a notice from a Collection Agency stating that the account had been turned over to them.  I called and told them that I had been paying the hospital and what is with this?  I never heard back from them.  

On April 2nd I receive a letter from a Law Office say that my account had been turned over to them for legal action.  I sent them a letter, stating how I wanted to handle the arrangements and a check for $50.00.  I heard back with a letter on May 2nd saying that I had broken my promise and I needed to send payment to avoid collection procedures.  I called that day and left a message, I called again on Monday the 5th left a message, telling them when and how to reach me, they called and left a message, I called again on the 9th and told them when they needed to call to reach me.  So we played phone tag for a couple of weeks.  The next week they called and reached my husband and told him they had received the check and hadn't deposited it, they weren't sure how to disburse the monies.  He told them I would call back at 4:30, I called and no answer, I left a message telling them how to disburse the monies and asked if the payment arrangement I had asked in my letter would be suitable and to please call me back.  Never heard from them and then yesterday I receive a Summons.  

What do I do with a Summons and how do I respond.  They are asking for $18011.01 from me and $1406.35 from my husband!!  Help.


Answer
What do you do with a summons? First I would send a demand for validation by certified mail return receipt requested and then respond to the summons. I recommend that you respond with what is known as a graduated denial.
Then I would follow up with interrogatories, admissions and demand for production of documents.

If you need more information call me.

Bill Bauer
405-684-9297
405-227-9423

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If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.