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Served with Summons. :(

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PostPosted: Fri Aug 18, 2006 7:58 am Subject: Served with Summons. :(

Just when I thought things could not get worse...it did.

I was served with summons few days ago by Richard Komyatte and Associates for the medical debts. I owe the hospital 1421 dollars but the attorney is asking for 1827.51 dollars. Of course, I immediately called the attorney's office to see if it can be worked out and prevent the court date. (There is no court date on the summons). They said I must pay in full by August 31st or the judgement will be entered against me.

What do I do?

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PostPosted: Fri Aug 18, 2006 8:04 am Subject:

Sapphire, sorry to hear this happened. Is there any way at all you can pay it by then, is there anyone you can borrow from? I feel your pain, I had this happen with a credit card and they recently tried filed to garnish my wages. If there is no court date on the summons I would call the court house and see what is going on or can you check online? It is not the end of the world even though it feels like it. Most likely the court will let you make payments.
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PostPosted: Fri Aug 18, 2006 9:17 am Subject:

What is it with these people? They always say they have to have ALL the money right away, yet when things progress, there is usually someone in the chain who will let you make payments. Why don't these companies wise up and just work something out from the get-go, they're more likely to get their money and get the matter settled sooner, as well as reducing the stress on the debtor.
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PostPosted: Fri Aug 18, 2006 9:20 am Subject:

sapphiredreams

Have you pulled your credit report recently to see if this is on your file? I would want to make sure they have the legal rights to be collecting on this debt. Also, call the patient accounts department of the hospital you were in, and tell them you need a copy of the patient consent form. Your signature needs to be on that form before you pay any money.

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PostPosted: Fri Aug 18, 2006 10:18 am Subject:

.. Not only the credit report must report this legal judgment but the local county should also have the records of this judgment. Check with the local clerk for its accuracy. I am becoming suspicious because there is not court date on the summons. This is not the legal approach. Some attorneys frame the papers in such a way that it gives out a legal impact. However, this does not erase the debt. You still need to work on that and make payment arrangements. If possible try to pay to the hospital directly if the file is still with them.
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PostPosted: Fri Aug 18, 2006 11:14 am Subject:

keystrokes wrote:
If possible try to pay to the hospital directly if the file is still with them.


First, she must find out if there is a signed patient consent form. That determines whether or not she owes anything at all.

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PostPosted: Fri Aug 18, 2006 12:19 pm Subject:

Thank you everyone for your responses! Smile

Mikey, I am calling the hospital right now to find out about the signed patient consent form. Then we will go from there.

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PostPosted: Fri Aug 18, 2006 12:24 pm Subject:

sapphiredreams

When asking for this information, just say you need a copy of the patient consent form. You don't have to mention signed, because they will mail you exactly what you ask for. If there is only one consent form, and it's not signed, then you are not held liable for services.

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PostPosted: Fri Aug 18, 2006 1:16 pm Subject:

This gets even more interesting. The patient account's department had trouble locating my files. The lady said she found an account in my name that is turned over to collection for only 72 dollars and my daughter's for 500 dollars something change.

Will have to look into this more.

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PostPosted: Fri Aug 18, 2006 1:20 pm Subject:

Quote:
The patient account's department had trouble locating my files.


In order to be accountable for anything, even if said debt is yours, those files will need to be located. Since patient materials are considered sensitive documents, the collection agency will require you to contact patient accounts for verification of debt. This is usually the only exception when a collection agency will NOT be the ones sending over proof.

Also, since they are having trouble locating your file, ask if they could do a screen print out of what is owed, and ask them to type a letter stating that your file and patient consent form are missing.

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PostPosted: Fri Aug 18, 2006 2:03 pm Subject:

An update:

The hospital only located TWO accounts that was turned over to collection. One was for 72.41 dollars (that will be paid directly to them on the 24th of this month) and another was 502.34 for my daughter. But still that does not add up to the amount of 1497.34 sued. Judgment against me for 1827.51. I contacted medical records department and they will mail me the authorization to release my records and consent forms. We will go from there. I have to say that the hospital sounds surprised I was sued since they did say they only want to work it out with patients.

Hmmm...thanks to Mikey, I was able to find out more information. Now I have to contact Mutual HOspital Services and find out how the heck they came up with the amount.

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PostPosted: Fri Aug 18, 2006 2:15 pm Subject:

Sapphire-I am so sorry to hear about your problems.Mikey gave really good advice.You said the hospital only wants to work out payments?See if they can work with you and be sure to get something in writing and when it is paid,get that in writing too. I paid on a medical bill with my son,through a CA who was also an attorney for a couple of years. I told him I couldn't come up with that money and if forced,I would have to file bankruptcy,I just wanted to pay the bill,and they worked with me. The thing is,there is no date on that thing,and even if they took you to court,a judge would set up payments,too! You can always file hardship if it is going to be too much for you,and they will reduce the payments,if you qualify.Good Luck-prayers your way Very Happy ...Karen
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PostPosted: Sat Aug 19, 2006 11:36 pm Subject:

Yes,

Always ask the collector to validate the debts. Just for verification of the true debt.



Because we don't know what these collectors are up to. Some could be out to get themselves a big cut of the money. So they will hike up your bill just to get a profit on the debt that they purchased.



But it seems like you have this problem worked out. Please keep us updated on this situation so we can know how it worked out.

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