Expert: Regan Shinski - 11/11/2009

Question
I live in central KY.In February i was served with a summons for medical bills in the amount of $413.19.The medical bills went to a lawyer not a collection agency.I replied back to the summons like i was asked to do.Ive never been through this before so i didnt think to send it by certified mail.I called the courthouse and was told to send a copy of the letter to the court house and one to the lawyer which is what i did.In my letter i asked for proof of the debt as well as the dates the services happended.I received a letter dated 3/24.In this letter i was told that i owed $481.31.The 5 page proof they sent me did not show the date the services happended nor was it clear on the original amount.I tried having my family and friends look at this to see if it was just me that didnt understand but they were unable to read it.I replied back to their letter by asking that they send me more proof with the original date and amount of each debt since i did not understand the first ones they sent me.Keep in mind i replied back to their letter within 30 days.I didnt hear back from them until I got a letter dated 7/21.This letter said i owed $303.19+court cost a total of $371.31.They did send me proof of the debts like i asked.But before i had time to do anything i got a letter dated 7/23 stating the lawyers had filed a motion.They stated i didnt reply back with any answer,pleadings,or papers.I was confused because every letter i received from them they thanked me for my letters.The amount they said i owed now was back to the $413.19.We were to go to court on 8/11 which is what i did.They did not even show up.I explained to the judge i was replying back to them.She replied back with well they must not be communicating well in their office.I explained to her that i was confused about the amount.The judge looked at the original proof they sent and said that it looked like they duplicated one of the debts.She stated i will have another court date in which i will have to show up to as well as them to show her proof of my debts.I have not heard anything about when my next court date is.My fiance had to take off of work to watch our kids the first court date.We are young partents that do not make alot of money he works in a grocery store chain and i work in telecommunications we cannot afford to miss another days pay.I have never been in trouble before and i have not had to deal with the court systems.The lawyers keep sending me letters as if the court hearing never happened now maybe they didnt hear back from the court i dont know.I am confused and need help on what i should do next.

Answer
Dear Brandi:

Very confusing and difficult situation.  First, if the same thing happens and they don't show up again, you ask the court to "dismiss the case WITH prejudice."  That basically means "you win" and the burden for them to overcome it becomes much higher.  You may also want to file a counter-claim if you are summoned.  This is slightly risky because that may give them more incentive to show up.  However, if they don't show up, YOU win a judgement against them and their case is REALLY tough to overcome.

Is this REALLY even your debt?  If it's truly not yours, you need to get really aggressive.  I would threaten your own legal action, demand payment for time off work, and get something in writing from them that says they are dropping the debt.

You can also choose to fight this via the Fair Debt Collection Practices Act (FDCPA).  Get a copy of your credit reports.  They are available for free once a year at www.annualcreditreports.com.  Find out how/if this is reporting.  Dispute the accounts with each credit bureau by sending a simple letter saying it is not correct.  They should respond back in writing in about thirty days.  Once they do, contact me back.  It may be deleted at this point.  How you proceed then depends on how they answer.  You already appear to have them in some type of FDCPA violations with their screwy letters on the debt amounts and improper validation.

If it is NOT reporting or if you want to take a more passive approach (remember any contact with them could cause them to re-file the court case.) I would wait and see what they do.  It appears you do not have a judgement at this point.  If it's not reporting on your credit reports, so far that would be no damage to you.

Good luck.  I hope it works out :)

Regan
mbscompany@aim.com

p.s.  Obviously keep all records and letters.  Any communication to them should be via certified mail - preferably with return receipt requested.  Dispute letters to the credit bureaus can just go with a stamp.  Also, if they are continuing to send letter as you say, you can send them another written request.  This time ask for VALIDATION of the debt under the FDCPA.