how to response a court summons?

[higashi28]

What is the name of your state? WA

my mother, who is 60 years old and doesn't speak English, got a court summons about her unpaid hosptial bill, which she thought insurance paid long time ago.now the summons said that she has to response within 20 days, in wirting, as we don't know much of English, what should we write to response? the bill is $1580, plus interest and all the fee, now is $1988.26. we will try to come up with the money to pay it, so, should we just write a check to the law office? or do we need an attonery to do so? what should we do now?

another question is, the summons has a filed date 4/21/2006, but we just got this summon on 5/16/2006, is this over the 20 days response period? do we have to go to court?

Thank you so much for helping.

[Ladynred]

Information on how to Answer a lawsuit:

[url]http://www.legalhelp.org/public/answering_complaint.php?PHPSESSID=4c42f8028b83de4c0274a426a79b7251[/url]

When was your mother incur these medical bills ?
Does she or did she have health insurance at that time ?
If she had insurance, did she keep any records and all papers from the insurance company and the hospital ??
Does she have ANY idea what the insurance did or did not pay ?? She needs to find out EXACTLY what was paid and what was not and why not.

should we just write a check to the law office?

If you can pay it, you should definitely contact the law office to pay it and prevent a judgment against her.

what should we do now?

Answer the Complaint (lawsuit) and/or contact the lawyer. DO NOT IGNORE IT and do NOT blow off the court date if you have one.

the summons has a filed date 4/21/2006, but we just got this summon on 5/16/2006, is this over the 20 days response period?

No. Your 20 days starts the day the summons was served upon you.

[higashi28]

thank you very much for answering.

I called the law office this afternoon, I am afraid I might blow it.
a lady answer it, but she was very rude, keep saying my mother got over a year to pay for it and she ignored it. I told her maybe because my mother doesn't understand English so she didn't know that's collector's letter or calls, she then said I am a third person, she shouldn't speak to me, I say my mother doesn't speak English, that's why I called. and I say I WANT TO PAY FOR IT. she got mad and said I raise my voice to her, she is going to put me on hold to think about what I did, and she did put me on hold. I got mad so I hang up the phone. so did I blow it? we can not pay the law office directly and not going to court?

this medical bill was happened in 2004, it about colonocopy. she does have insurance at the time, but the insurance said her medical record coded it is a annual check up so they only paid them $200 of all bills, instead of regular medical visit, which my mother only pay for 20% and insurance pay for 80%. we've talked to her doctor and hopstial and insurancecompany last year. doctor said he changed the code, hopstial will resent the paper to insurance company. I guess the insurance company still deny it. so the hospital sent the bill to collection agency. but we didn't know it was denied again.
I ask my mother if she had received any of hosptial bills lately or last year, she doesn't remember it at all... I don't live with her so I have no way to track her mail... anyways, we want to pay the money and get everything over with. my mother is very scared that she has to go to court.

so now because I didn't do a good job talking to the law office, we have to answer to court about this complaint, right? just follow the admit/deny format to answer the complaint?

I called several attonery from yellow page, but they either didn't return my calls, or said they don't deal with this. or ask me to call the law office on the summons, I don't want to talk to that rude lady again. I don't know how to talk to her, all I want is to pay my mother's bill.
thank you all for reading my post.
I was really depressed this afternoon after all the calls I made.

[Ladynred]

I got mad so I hang up the phone. so did I blow it?

You didn't blow anything. The woman you spoke to was being an idiot - which is not unusual for a collection agency/law firm. I think they are trained to be rude and obnoxious.
I know it's difficult to keep calm when speaking to these kinds of people, but you must try. Technically they can't get into details of your mother's debt with you because you ARE a third party, but since your mother does not speak English you will have to explain that she does not understand and you must translate for her.

so now because I didn't do a good job talking to the law office, we have to answer to court about this complaint, right?

You need to answer the complaint anyway. If you can find a way to pay this, do so.

just follow the admit/deny format to answer the complaint?

Yes.

You or your mother needs to do something about the denial for the colonoscopy. If it was a covered procedure, then between her doctor and the insurance company it needs to be straightened out. I would suggest that you call the insurance company and ask for copies of ALL EOB's (Explanation of Benefits forms) that they sent your mother. If they denied the claim a 2nd time, they would HAVE to have sent her an EOB stating exactly what was paid, what was not paid and WHY it was denied. If the Doctor mis-coded the procedure, then there should have been some follow-up.

Does your mother work ?
You may want to try to find a lawyer that can help with this.

[higashi28]

Thank you ladynred

I called the insurance Company and the hosptial asking for all the records, hopefully I will get them soon.

Thank you again for all your help