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I've been served.

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travis2822

Junior Member
What is the name of your state? IN

My wife was served with a summons to appear in court for an upaid medical bill from a collection agency. I want to pay the Health Care Provider that way nothing can be put on the credit report. Their was a billing error and they never sent it to my insurance company. How would I answer the summons if I pay through the HCP and would I be liable for the court costs?

The summons came to her but on documentation I am the one that signed financial responsibility.
 


JETX

Senior Member
travis2822 said:
My wife was served with a summons to appear in court for an upaid medical bill from a collection agency. I want to pay the Health Care Provider that way nothing can be put on the credit report. Their was a billing error and they never sent it to my insurance company. How would I answer the summons if I pay through the HCP
You answer the summons with a general denial of their claim. If you want, you should include a copy of the PAID IN FULL confirmation from the original creditor. If they don't dismiss, then you MUST show up in court and present your 'debt is paid' receipt.

and would I be liable for the court costs?
More than likely.... problem is, you should have paid BEFORE it got to a lawsuit filing.
 

travis2822

Junior Member
I agree we should have paid before. Does it make any difference that they are suing my wife and I am the one who signed the financial responsibility? Can I file my answer before the court date?
 

JETX

Senior Member
travis2822 said:
Does it make any difference that they are suing my wife and I am the one who signed the financial responsibility?
Nope. As the 'beneficiary' of their services and as an adult (presumably), she has primary liability. Your 'financial responsibility' was equivalent to being a co-signer guarantor.

Can I file my answer before the court date?
Absolutely. Read the paperwork you got. It should give a date or timeframe for your TIMELY answer.
 

travis2822

Junior Member
All the paper says is the amout that I owe and that we have to appear on the 17th of August. It doesn't say anything about an answer.

My wife was not the beneficiary of services. It was my child. Her name isn't on any of the paperwork.
 

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