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Collections Law/Being sued for a medical bill
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Question
We are being sued over a $1400.00 medical bill that we can not pay. I can't find a job at this time and my husband is working, but for less than what he use to make. We applied for the gov "Home Modification Program" and are barely making ends meet. My husband has been getting treatment at this hospital for 18 yrs and we have always been able to pay on time until about a 2 years ago when we have fallen on difficult times. What do we do now? How do we prepare?
You are being sued so you will have to prepare a response to the complaint and file it with the clerk of the court. I've been doing some research into how people respond to a complaint if they even do. I'm really appalled at the responses I have seen in about two dozen cases. Most of them just up and freely admit that they owe the debt and tell the court how much money they make and what their expenses are The court could care less. Great information for the lawyer but the court couldn't care less. I'll bet the judges have a rare old time laughing at the fools.
If they admit they owe the debt there is nothing the judge can do but grant a judgment against them. Judges don't even read those kinds of letters in court. They just listen to what the lawyer has to say and grant judgment. Garnishment is also automatic and they are dead ducks.
How do you prepare? I'd prepare my response to the court then prepare a certificate of mailing, demand for admissions and quite possibly a demand for validation of the alleged debt and let the battle begin. I'd never just hand it to them on a silver platter like most folks do.
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Answers by Expert:
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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