small claims court

[kathyl_00]

What is the name of your state? Indiana

I visited a hospital ER in April 2004. Insurance paid all but deductible about 5-6 weeks later. I received bill from hospital mid to late May 2004. In late May/early June I sent a partial payment of bill. July, 2004 I received phone call from collection agency on answer machine that was vague and did not identify themselves as such. I ignored calls about 2 weeks then called them back to determine nature of calls. I was told then that hospital bill was turned over to them for collection. I explained that I had sent a payment to hospital already and planned to pay them directly. I was told they would talk with the hospital to clear up this matter. I received NO communication of any kind from either hospital or agency until 5 days ago when I was served by county sherrif to appear in small claims court to answer to charges of unpaid hospital bill of $144.00 and attorney's fees of an additional $300.00. I sent $144.00 to the hospital last week. What should I do now???

 

[seniorjudge]

Q: What should I do now???

A: Get receipts from the hospital and the attorney, after you have paid them in full. You will also owe court costs. Pay them too.

 

[kathyl_00]

small claims court reply

Sorry, I did not add that I have not yet gone to court. I am trying to avoid court since it will only cost me more $$$$ in lost wages, and feel that I have shown good faith in paying the bill prior to a court appearance. I don't want to pay what I feel is excessive att'y fees in light of the fact that I received no written correspondence from either the hospital or the collection agency after I had paid $119.20 of a $219.20 bill within 30 days of the first and only bill I received from any one. The hospital turned over my account after only billing me ONCE! Even though I paid over half of it as soon as the insurance paid their share. That seems premature to me. The credit agency states that they don't send out any billing notices.....how convenient! I recently paid more than the remaining $100 of the original bill. I paid an additional $44 in hopes to cover court filing fees and the amt charged for collection processing. The att'y refused to settle for this even though he accepted the payment, stating he expects me to pay his fees of $300 also! What a rip off of consumers!!!! Any good advice on how best to make my case and possibly avoid court?

 

[Florid-aise]

If I am able to understand the timeline, you have the option of informing the collection agency that you wish to deal with the originator of the debt. Write the attorney and inform him that you elect to deal directly with the hospital.

If you should have to go to court anyway. You already know that it is the more 'informal' small claims court. For the amount being sued for, together with your proofs of payment on the debt, and the acceptence of those payments ---- will make the hospital and/or the collection agency look ridiculous in the court's eyes. Be prepared to see the judge laugh them out of his courtroom.

 

[kathyl_00]

Thank you very much Florid-aise. This whole thing is so ridiculous to me and simply comes down to an attorney trying to get $300.00 for nothing!

 

[seniorjudge]

...For the amount being sued for, together with your proofs of payment on the debt, and the acceptence of those payments ---- will make the hospital and/or the collection agency look ridiculous in the court's eyes. Be prepared to see the judge laugh them out of his courtroom.


Well, maybe not.

The debt was not paid till after the lawsuit started. The judge will hardly be impressed by someone who had to have a lawsuit filed before a debt was paid.

In any event, court costs have already been run up as well as attorney's fees.

That's before anyone even walks in the courtroom. But, OP, go ahead and go to court. I just hope you don't run up the bill any further!

Post back with results.

 

[kathyl_00]

I should add that the only reason the bill wasn't paid until the lawsuit began is because the first, last and only !! communication I had with the collection agency was that I had sent a payment already to the hosp and was surprised to know they were involved SO SOON!! They're response was that they would sort it out between them. I expected a bill from
SOMEONE!! There was NO response from either the hospital or the collection agency until papers were served by the sherrif for a bill of $100.00... 6 months later....If that isn't a wonderful plan to get UNEARNED $$$$$$ ? All this is a waste of court time as well as mine. I would have gladly paid my bill, as I ALWAYS do, had I only received a final bill. (yes, it does upset me, as is very obvious)

 

[nvaughan3]

So you basically waited from July 04 until now for a final bill without paying the balance, or calling to check on the status, and you are surprised they are taking action against you? Were you hoping it would "go away"?

Did you have a formal payment plan setup with the hospital when you sent partial payment? I would think this would be required if you wish to only make partial payment-I've gone through the same situation with an ER bill in the last year.

Regardless, you sat on it knowing there was an unpaid balance, and did nothing, correct?

 

[kathyl_00]

yes, I did wait for a final bill stating "actual balance due" from whomever I truely owed a balance, expecting they're were going to decide whether it should have actually gone to collections in the first place. My surprise was because I did not get a communication of any kind after my conversation with the collection agency, believing the hospital or agency would send me a final bill. My bad for expecting such it seems. $100 seems a small debt to me and I did not expect it to go away. and would have paid it if I had known whether I actually owed $100 or $144????
From my standpoint, it was in the agency's best interest not to bill and to allow such time to pass as to justify their waiting and collecting all the additional fees which turned a $100 bill into a $500 bill. Legalized extortion!! But, what can you do. I had no idea this could have turned into such a mess. I have had many hospitalizations in the past 5 years and all debts have been paid and I never received any hints of any simular problems and these debts were much higher.....several hundreds dollars to be exact. All paid! simply because there was good communication with me.