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Civil Summons

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Blue In KY

Junior Member
What is the name of your state?I live in Kentucky and was served a civil summons for a medical bill, the summons stated the amount of $332.84 which is the amount that I sent to the attorney listed.. He in turn sent the check back and told me it wasn't enough money. My question is I only have 5 days left to answer the summons.. How well do u think it will go since I made a good faith effort to pay the amount in the summons and the attorney sent it back... Does it matter that I tried to clear the debt with the amount on the summons..

Thank you
 


S

seniorjudge

Guest
Blue In KY said:
What is the name of your state?I live in Kentucky and was served a civil summons for a medical bill, the summons stated the amount of $332.84 which is the amount that I sent to the attorney listed.. He in turn sent the check back and told me it wasn't enough money. My question is I only have 5 days left to answer the summons.. How well do u think it will go since I made a good faith effort to pay the amount in the summons and the attorney sent it back... Does it matter that I tried to clear the debt with the amount on the summons..

Thank you
You owe them whatever you owe them. If it is not paid off, then you will have a judgment against you and the sheriff will be out there trying to take your stuff.
 

roadiez

Junior Member
Call the Dr. or the Hospital 1st.

The best way to try and take care of this in this point and time is to call the place where this bill occour at. Tell them that you are sening them or that you are bringing them the money ringht now. Then take the reciept to the court when you are supposed to. Then by doing this you can try and avoid the lawyers fees(to which is probalby outrageous for the little time he spent on it).But what ever you do make sure that you or someone representing you shows up for court....They will issue a "Bench Warrant" for you.
Good Luck
 

Ladynred

Senior Member
They will issue a "Bench Warrant" for you.
Bull ! That is just NOT true. If you don't show up in court all that will happen is that you'll give them an automatic default judgment. Keep that check you sent and they refused, use it in court to show the judge that you made an attempt to pay what was on the summons. The lawyer likely refused it because he's probably tacked on a hefty sum for his own fees plus court costs.

Chances are pretty good the medical provider won't deal with you. You failed to pay them before, so they hired the lawyer to sue you.

File your Answers in the time required and GO TO COURT !
 
S

seniorjudge

Guest
I think a lot of posters are confused about civil summonses and such and a subpoena to appear for a debtor's exam.

The first is, as you say, a civil matter.

But if poster lets it go to judgment then gets a really polite invite by the judge to answer some questions about his assets, then he'd better haul his assets to court or the judge will make room for him "at county"!
 

C M Chase

Junior Member
seniorjudge said:
You owe them whatever you owe them. If it is not paid off, then you will have a judgment against you and the sheriff will be out there trying to take your stuff.
And that's not necessarily true either. That's something a CA would tell ya. LOL

You need to answer the summons, like Lady said. All you need to do is answer, say you don't believe the amount is correct, and then see if they can prove it. If so, you can pay them (which you already tried to do). If not, then phooey on them.

Ask for documents (later...not with your answers) showing proof that you owe whatever amount they're saying.

Don't fret....and don't let people scare you. That's a collector's job. ;)
 

roadiez

Junior Member
Been there I am from Ky

I know that if you don't show up for a summons period in Ky...Or atleast my county the "County Atny." is apt to issue a "BW" for you!!!! Yes, he is ha hard A@#. But they can still do it next time you visit Ky. just try it.
 

C M Chase

Junior Member
roadiez said:
I know that if you don't show up for a summons period in Ky...Or atleast my county the "County Atny." is apt to issue a "BW" for you!!!! Yes, he is ha hard A@#. But they can still do it next time you visit Ky. just try it.
I highly doubt that's true for a debt-related summons. If you fail to show up to court for a criminal matter or even a traffic matter, they may issue the warrant. There is no debtor's prison anymore...they can't take you to jail for not paying a debt. They CAN issue a judgment against you, garnish your wages, garnish your bank accounts, etc (depending on state, of course), but they cannot have the cops come and get you. If you have a bench warrant, that means the authorities can bring you back to the courthouse and MAKE you appear in front of a judge. Not going to happen with a civil matter like a defunct credit card debt. They're just going to issue a default judgement, like Lady said.

Which, by the way, we WON'T let happen, right? We will ALWAYS answer a summons...no matter what the circumstances. :p :D
 

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