Help ! I'm being sued for medical debt. How do I answer?
Date: Sun, 08/23/2009 - 18:57
This is for several debts totaling around $450. from 2007 to last year. They are also asking for reasonable attorney fees.
Some of the figures may be correct but I'm not sure. I went to the courthouse and on their form are 4 choices:
() I admit to the claim of the Plaintiff.
() I request a payment schedule.
() I deny the claim of the Plaintiff as follows:
() I have a counterclaim as follows:
I will choose the 3rd option, and is this answer okay?
"I lack information regarding the claim of the Plaintiff, therefore I dispute the validity of this debt and deny their claim. I request that the Plaintiff provide documentation to validate the debt.
I further request that the Plaintiff provide documentation that they are the assignees for this debt.
Since Plaintiff is requesting reasonable attorney fees, court costs and such additional relief as this Court deems mete and proper, I request that Plaintiff provide documentation that I had agreed to bear such costs when the claimed debt was entered into. This is pursuant to the Fair Debt Collection Practices Act."
Thank you in advance !! I will greatly appreciate any suggestions here!!
SC, Thanks for your reply. Yes, maybe some of the debt is abo
SC,
Thanks for your reply. Yes, maybe some of the debt is about right. But part of it I question because we were forced to move to a new set up with a different insurer and that muddied the waters, so the billing may be excessive. I know I should have resolved it long ago.
So I just want to say in the reply: I'm not sure about the billings, so please validate the debt. I think I need help with the wordings though.
Also, the lawyer is asking for reasonable lawyer fees, court fees and other relief, etc. Isn't this against 808 of the FDCPA? Unless they can prove that I had agreed to be responsible for these costs when I entered into the debt.
"?? 808. Unfair practices
A debt collector may not use unfair or unconscionable
means to collect or attempt to collect any debt. Without limit-
ing the general application of the foregoing, the following
conduct is a violation of this section:
(1) The collection of any amount (including any interest,
fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law..."
I haven't seen this issue raised much, and was wondering if I'm missing something.
Thanks again for your earlier reply, and look forward to your comments here, and others' comments.
