Being Sued by Unscrupulous Company

[TheNJBen]

What is the name of your state (only U.S. law)? NJ

Hello .. well here I am again with my own issue. SOme time ago I required a medical device and used a certain company. This company was problems from the start with first delivering the wrong machine then a broken one. Their billing was atrocious as they came sometimes but most times did not. I do not believe I was at home when the machine was delivered so I do not believe I signed the contract. Since then I have moved to a better company and for the past year things have been rosy with the new company.

Back to the old .. as I said their billing was terrible and confusion. I did not pay because I did not think I owed what they were saying and calls to the billing department led to voice mails with never ever a return call. Ultimately they did call me saying I owe them X amount plus interest and I said I do not remmeber agreeing to interest nor did I receive all the bills. They just said pay or they will sue. That was in April. At that time, I wrote them a letter asking for when bills were sent, why they never called back, and a copy of the contract. They did not respond to that letter.

Today my mother received notice that I was being sued. Here are my questions: being that I moved and the notice went to my parent's house, was I properly served and if not should she just send it back saying I am not at that address? Can I ask for a continuance if I was properly served being that they date is for 2 weeks and they did not provide me with any kind of contract or anything else I asked for?

Thanks
Ben

 

[Zigner]

Playing games based on lack of service won't help you...don't ignore this.

 

[HomeGuru]

What is the name of your state (only U.S. law)? NJ

Hello .. well here I am again with my own issue. SOme time ago I required a medical device and used a certain company. This company was problems from the start with first delivering the wrong machine then a broken one. Their billing was atrocious as they came sometimes but most times did not. I do not believe I was at home when the machine was delivered so I do not believe I signed the contract. Since then I have moved to a better company and for the past year things have been rosy with the new company.

Back to the old .. as I said their billing was terrible and confusion. I did not pay because I did not think I owed what they were saying and calls to the billing department led to voice mails with never ever a return call. Ultimately they did call me saying I owe them X amount plus interest and I said I do not remmeber agreeing to interest nor did I receive all the bills. They just said pay or they will sue. That was in April. At that time, I wrote them a letter asking for when bills were sent, why they never called back, and a copy of the contract. They did not respond to that letter.

Today my mother received notice that I was being sued. Here are my questions: being that I moved and the notice went to my parent's house, was I properly served and if not should she just send it back saying I am not at that address? Can I ask for a continuance if I was properly served being that they date is for 2 weeks and they did not provide me with any kind of contract or anything else I asked for?

Thanks
Ben

**A; accept notice and file a counterclaim and deal with this issue head on rather than playing games.

 

[Zigner]

**A; accept notice and file a counterclaim and deal with this issue head on rather than playing games.

Much better answer (not sarcasm) - much more complete than mine

 

[TheNJBen]

There was a letter that came with the last bill I received from them. Do you think I can use it. Here is a quote "We Acknowledge and apologize for deficiencies created by our billing software processes, and we are working diligently to create the necessary corrections that will make your experience with CS as pleasant as possible. When fully operational, our billing process will be smoother, more efficient, and more understandable then in the past." It also assures me that the money stated is the money due but admitted billing problems to be seems to indicate that there could have been (and in fact were) billing errors. How do I get my contract from them by August 3 (the court date) and even information on when I was billed. They have not provided that before I was being sued and I have been asking for months.

 

[HomeGuru]

There was a letter that came with the last bill I received from them. Do you think I can use it. Here is a quote "We Acknowledge and apologize for deficiencies created by our billing software processes, and we are working diligently to create the necessary corrections that will make your experience with CS as pleasant as possible. When fully operational, our billing process will be smoother, more efficient, and more understandable then in the past." It also assures me that the money stated is the money due but admitted billing problems to be seems to indicate that there could have been (and in fact were) billing errors. How do I get my contract from them by August 3 (the court date) and even information on when I was billed. They have not provided that before I was being sued and I have been asking for months.

**A: use all the evidence.

 

[cosine]

Service that gets to you within reasonable time is valid service. You were served. Now prepare for your day in court.

 

[TheNJBen]

OK I would like to but how to I get them to provide me with a copy of our contract, copies of bills they claim they sent, and specifically what the admitted issues were with their billing. This same company is being sued by Medicare for overbilling for a wheelchair by 45 months. They pulled the same thing with the lady who rented the wheelchair .. refusal to provide info, no return calls, etc and even went so far as to tell the court a settlemetn was reached when none existed. The date is in 10 days so how would I go about getting a continuance and getting that stuff from them.

 

[cosine]

OK I would like to but how to I get them to provide me with a copy of our contract, copies of bills they claim they sent, and specifically what the admitted issues were with their billing. This same company is being sued by Medicare for overbilling for a wheelchair by 45 months. They pulled the same thing with the lady who rented the wheelchair .. refusal to provide info, no return calls, etc and even went so far as to tell the court a settlemetn was reached when none existed. The date is in 10 days so how would I go about getting a continuance and getting that stuff from them.

You make a motion with the court to demand discovery. List the items you demand. Be extensive with this list. Serve them directly with a copy of the written motion. Send it certified, return receipt. Keep the sending and returned receipt for court.

You might also want to consider a counter suit against them. That prevents them from moving for dismissal (which if done by plaintiff generally happens), which is probably what they did in the past in someone claim of settlement. They can't do this on your counter suit.

If you want a continuance, you ask the court for that. There may be a time limit and you may be past it, since such a motion done before trial date would be in writing, and must give the other party time to answer (everything sent to court is also sent to the other party, and you certify in your copy to court that you have sent it to the other party).

 

[TheNJBen]

Thanks for your help. I will get on that ASAP. This company may bilk senior citizens and medicare for thousands of dollars for a $400 wheelchair but they will not get away with bilking me for anything.