Served with Summons

[MishCPC]

What is the name of your state? Indiana

I was served with Summons three days ago. It was for medical debts from 2002 to 2005. The actual bill was 1421 but Richard Komyatte and Associates are asking for 1827.51. I called R&A office to see if there is something I can do. They said I need to pay 1827.51 by August 31st less than two weeks away. I can't come up with the amount. They said then the judgment will be entered against me. I was told by someone I can ask for consent judgement (it will not be reported to my credit report unless I default on a payment plan) so I called them again and asked if we can do consent judgement. They refused saying I need to pay up or judgement will be entered and it will be a public record. Its distraughting.

What do I do? I plan to submit Answer to the court but needs some help with that process. It is my first lawsuit and naturally, I am freaked. I do not want judgement on my credit report.

Any advices? Can someone guide me through this? I really appreciate it.

 

[JETX]

What do I do?

About what?? You don't seem to be disputing that you owe the debt, so you either pay or get a judgment agaisnt you.

 

[MishCPC]

About what?? You don't seem to be disputing that you owe the debt, so you either pay or get a judgment agaisnt you.

First of all, this medical debt is new. I am confused by who I should pay to since Richard and Komyatte Associates is also a debt collection agency as well as Mutual HOspital Services (another collection agency). I called them both today...they both said my file is active. So who I should pay to? Richard and Komyatte office gave me less than two weeks to cough up 1827 dollars (including attorney fees, court costs, etc even we did not go tot eh court!) and there was no court date on the summons. I am not rich and can not come up with 1827.51 in lss than two weeks. When I asked for the payment plan, they said I either need to pay in full by AUgust 31st or have judgment entered against me. That is why I am asking what to do to avoid the judgment or if there is any kind of action I can take to get it paid? I asked for consent judgment and they refused. They said they are entitled to a judgment (how can it be if we did not have a court date set?). I asked if they agree to a payment plan, they said they ll consider it but they are entitled to judgment.

But thanks for your blunt advice. Either pay up or have judgment, well gee like I don't know that? What if I can not pay in the time frame they gave me? What are other options to avoid judgment or buy me time to cough up money?

 

[JETX]

So who I should pay to?

Pretty simple. Pay the ORIGINAL creditor.

That is why I am asking what to do to avoid the judgment or if there is any kind of action I can take to get it paid?

You can't avoid a valid lawsuit on a debt unless you can show the court it was paid in full.

I asked for consent judgment and they refused.

Not relevant. There is NO obligation for them to agree to a consent judgment.... or any other offer.

They said they are entitled to a judgment (how can it be if we did not have a court date set?). I asked if they agree to a payment plan, they said they ll consider it but they are entitled to judgment.

Okay. And since you admit to the debt... they are likely correct.

[/quote]What are other options to avoid judgment or buy me time to cough up money?[/QUOTE]
As stated in my original post, there aren't any. Either you comply with their demands, or they will go through (presumably) with filing a lawsuit. And since you have NO defense to their claims, they win.

 

[MishCPC]

Pretty simple. Pay the ORIGINAL creditor.

I contacted the original creditor (hospital) and was told my last bill was 72.41 but that was paid so I do not owe anything else. I asked if they have any records showing I owe anything prior to the 72.41 bill (there was no additional visit since that last bill) and they said they do not show anything or able to locate any outstanding accounts. Yet, I am sued for 1827.51 owed to this hospital. ? I only spoke of payment plan because I was panicked and it was my first lawsuit. I was told to ask about consent judgment. Clearly, I did not know what I was doing. I was told by the CITY CLERK that they are NOT entitled to judgment without a court date in place (there is no court date in place) and going in front of the judge. It is up to judge to decide. Now that the hospital clearly stated they do not show any outstanding accoutns that were turned over to collection or to attorney, I think I may have a defense. They will mail me my records, consent forms, and statements with paid amount. But I will have to do some more diggin into this to see if there are more to this lawsuit than this hospital? Although, the summons clearly stated this hospital (nothing else) in the body of letter.

After consulting with other people (one was an attorney), I have received helpful suggestions , unlike here, so I am on the right track.

 

[JETX]

Get a WRITTEN statement from the hospital showing you owe them NOTHING. Then, make damn well sure that is the creditor that generated the debt collectors and they are not pursuing ANOTHER debt. If that is the debt they are pursuing, show up in court and present your 'paid in full' document to the court.

 

[MishCPC]

Get a WRITTEN statement from the hospital showing you owe them NOTHING. Then, make damn well sure that is the creditor that generated the debt collectors and they are not pursuing ANOTHER debt. If that is the debt they are pursuing, show up in court and present your 'paid in full' document to the court.

The paperwork is on its way. Thanks anyway.