Judicial
Templeton,#2Consumer Suggestion
Fri, October 21, 2011
Just some free advice. You seem to think you can appear and give the court your paperwork showing you no longer owe the debt, which may be the case. Here is the problem, collection companys can not file in small claims where you could do what you are saying.
You have to file an answer to the complaint or the judge will NOT allow you to say anything or file any papers with the court and you will lose by default. When you were served with the suit it clearly states how long you have to file an answer if you fail to file in time it is an automatic default, even if the judge believes you have been relieved of the debt, you will then have to file an appeal to the Judgement, which is way more complicated.
I suggest if you still have time file the answer.
If you need additional help you can contact me [email protected]
michellehelenec
Tacoma,#3Author of original report
Wed, October 12, 2011
I really appreciate the advice. I will contact the courts and see if there is still a court date, and if there is I will definitely go with my documentation from the hospital showing that there is no longer a balance.
Robert
Irvine,#4Consumer Comment
Wed, October 12, 2011
If they filed suit and you have a court date. Unless you have something in writing from the Clerk of the Court that says the case was dismissed, regardless of what they tell you..GO TO COURT.
The reason is very simple. If the suit is still pending they can still go to court. If they do they may "forget" that the hospital has said you have no debt and then get a default judgment against you for not only the fees but the amount of the debt as well. If you go to court and they try to pull that, you can bring out your proof that there is no debt.
This also applies to the fees. While I am not 100% sure on this if you go to court and can show that the suit should never have been filed the judge should rule in your favor. But at the very least you will be there to explain your situation. Once the judge decides on the case, and if the judge decides in your favor, or NCO did officially withdraw the suit before it went to the judge. If they ever attempt to collect on those fees again you can basically tell them to go pound sand.
But do not pay them, or even offer to pay them a single penny until the case is settled.
msmontecarlo
USA#5Consumer Comment
Wed, October 12, 2011
I am not paying your court cost and attorneys fees. I am not paying 1 red dime of those costs. Do not pay the court costs and attorneys fees those fees are not your responsibility