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  #1  
Old 01-30-2009, 05:01 PM
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Join Date: Jan 2009
Posts: 1

Question about responsibility for court costs and associated fees.


I live in Wisconsin. I was served today, 1.30.2009, at my office. I am to appear in court on 2.25.2009 for an unpaid balance of $975.00 on a hospital bill. The complaint was filed on 1.8.2009.

I entered the hospital on 11.19.2007. I was not able to make a payment on the bill until 6.16.2009. This initial payment was $25.00 against a balance of $1,800.04. Subsequent payments were made as follows:

6.26.2008 - $75.04
9.3.2008 - $300.00
11.11.2008 - $425.00
1.7.2009 - $275.00
1.21.2009 - $100
Total remaining balance - $600.00

I contacted the attorney listed on the summons. I was told by an individual in their office that if the payments were made the lawsuit would be dropped.
When I asked why it was filed in the first place since I had been making payments I was told a few things. The first reason they gave was that I had not set up a payment schedule and my payments were sporadic. Second, I had been paying the bill through the hospital, not through their collection agency. They said this delayed their notification of payments. I asked how I was to know that payment should have been made through them and was told I had received a letter in April of 2008. I file all of my mail and did not receive such a letter. The only other mail correspondence from them was a letter from the attorney in December of 2008. The letter, which I did receive, asked me to contact the attorney. I did not. Instead I continued to make payments. They also said they tried to call me on numerous occasions, but did not receive an answer. I do not answer my phone if I do not recognize the number. The messages they left were this:

Hi (my name), this is (individual's name). I need you to call me at (phone number) by (time) on (date). Thank you.

Since they did not leave any company information and I did not recognize the individual's name I did not return the calls. They said they could not give any more information in their messages because of legal reasons

I do not dispute that I owe the remaining $600.00 balance. My question is what is my responsibility regarding an extra $204.50 for filing fees and court costs they (attorney) are telling me I now owe. I do not feel I should be held responsible for these costs because I had been paying on the account and don't feel that it was necessary to file the lawsuit in the first place. Am I responsible for these costs?

I will be making the remaining payments in the amounts of $300.00 on 2.4.2009, and 2.18.2009.

Would it be better for me to pay the extra $204.50 and be done with it or is there a reason to dispute it since I had been paying on the balance due?

Also, should I remit payment through their company or pay off the remaining balance through the hospital?

Thank you in advance for any advice.
  #2  
Old 01-30-2009, 05:11 PM
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Join Date: Dec 2007
Location: Thebes
Posts: 6,087
Pay the attorney, and pay them in full - that means all costs and fees.

If you haven't paid in full by your court date, show up for court.
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