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Collections Law/Summons for Medical Debt

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Expert: Creditwrench - 3/29/2010


Question
I live in KY and recently received a summons for medical debt owed.

Background:
Last summer I took my child into the ER and was billed for services from an out of network doctor.  My insurance company sent me a check for about 20% of the cost (in which I have not cashed).  After about the third call to my insurance company, they told me I needed to appeal the decision via online or a letter to their appeal department.  So I sent in the appeal online in September and never got a response.

In the meantime, I received two letters from an attorney’s office (not certified).  One was an attempt to collect the debt (sent Sept 09) and the other was to verify my address (Nov 09).

So I received the summons about a week ago and called my insurance company regarding the appeal.  Of course they did not receive it and the lady told me I could send one in over the phone which is what I did.  I am currently awaiting their decision which could take up to 30 day.  I also called the attorney’s office (big mistake) to explain my situation and see what options I had.  He pretty much told me I was responsible for the debt plus any attorney fees and penalties.

In the summons it says I have 20 days to reply in writing and have no idea what I should do.

Should I try to contact the doctors office to pay the bill?  Then if my insurance is willing to pay the full amount I can keep the check?

Should I reply to the summons?  Do I mail my letter or take it in person?  I don’t even know where to send it.

Any advice is much appreciated!

Answer

click here to enlarge
You do need to reply to the summons and complaint. You must do so in a proper format and you must take 2 copies to the clerk of the court and file your response with the clerk of the court. You will also need to prepare a certificate of mailing and send it all to the plaintiff's attorney by certified mail return receipt requested. There are other things you need to prepare and send as well such as a demand for admissions or maybe also a demand for validation.
I can teach you how to do those things.  

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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