Medical debt turned lawsuit, lots of things wrong by plaintiff (TN).

[Mk23]

This is taking place in Tennessee.

My sister is being sued for a $460 medical debt. We received ONE mailed (uncertified) bill 7 months ago, and ended up forgetting about it. We received no phone calls about it. The medical facility filled suit apparently. Sister just got served.

The facts:

1. Sister has a brain tumor, and cannot attend any court hearings. We can prove this as well with MRIs.
2. They have her down as employed at her father's workplace (probably due to her using his insurance plan). She is not employed, has no money, and has no equity.
3. She was served 1 month and 4 days prior to the first hearing. The suit was filled around 3 months ago.

Don't they have to have the right employer down? Is that enough to file for dismissal? Also, what would this first court hearing be? Arbitration? Or is that Small Claims only?

What are our options?

 

[Zigner]

This is taking place in Tennessee.

My sister is being sued for a $460 medical debt. We received ONE mailed (uncertified) bill 7 months ago, and ended up forgetting about it. We received no phone calls about it. The medical facility filled suit apparently. Sister just got served.

The facts:

1. Sister has a brain tumor, and cannot attend any court hearings. We can prove this as well with MRIs.
2. They have her down as employed at her father's workplace (probably due to her using his insurance plan). She is not employed, has no money, and has no equity.
3. She was served 1 month and 4 days prior to the first hearing. The suit was filled around 3 months ago.

Don't they have to have the right employer down? Is that enough to file for dismissal? Also, what would this first court hearing be? Arbitration? Or is that Small Claims only?

What are our options?

One bill in the mail (uncertified) is all that's required. Does the electric company have to mail multiple bills to get paid? Do they have to be certified? How about the cell phone company?
1. Your sister may be able to attend telephonically. However, it seems (based on your post) that there's really no question that she owes the money. Why didn't insurance pay? Perhaps she can follow up with the insurance company.
2. They'll have plenty of time to gather employment and asset information after they win the case.
3. That's more than enough time in advance.

 

[Mk23]

So how are they going to collect? There is no money to collect from her. There is no equity either. She owns nothing.

Isn't there strict governing laws regarding medical debt collection and what they can do regarding lawsuit judgements? I read it just hits your credit. She has bad credit but that's due to her no owning or paying off anything.

 

[Zigner]

So how are they going to collect? There is no money to collect from her. There is no equity either. She owns nothing.

They may not be able to.
ETA: Why doesn't she (or you both with her on the line) contact them and discuss it?

 

[Just Blue]

So how are they going to collect? There is no money to collect from her. There is no equity either. She owns nothing.

Does your sister have a guardian? Does she receive any type of disability?

 

[Mk23]

They may not be able to.
ETA: Why doesn't she (or you both with her on the line) contact them and discuss it?

I guess that's possible, but are they really going to drop a lawsuit (with attorney fees and court fees) over paying SOME of the bill? (we cant afford $460 at this moment) Or is it likely they would demand the full bill then attorney fees, then court fees, etc. etc.

Does your sister have a guardian? Does she receive any type of disability?

My sister does not have a guardian, she does not receive any disability. The tumor was found about 6 months ago. We've been bouncing around all over the country getting it looked at since we found out. It's easy to overlook one bill too...

 

[Just Blue]

I guess that's possible, but are they really going to drop a lawsuit (with attorney fees and court fees) over paying SOME of the bill? (we cant afford $460 at this moment) Or is it likely they would demand the full bill then attorney fees, then court fees, etc. etc.



My sister does not have a guardian, she does not receive any disability. The tumor was found about 6 months ago. We've been bouncing around all over the country getting it looked at since we found out. It's easy to overlook one bill too...

460.00....just pay the bill.

 

[cbg]

Why do you believe that they do not have a right to be paid for their services?

 

[Zigner]

460.00....just pay the bill.

A lawsuit's been filed - they're asking for much more. The OP and/or his sister needs to communicate with them.

 

[Mk23]

460.00....just pay the bill.

Oh right, why didn't I think of this... Let me just go out to my money tree and pluck off some money...

Why do you believe that they do not have a right to be paid for their services?

Well paying SOME of the money does not mean we intend to never pay it off. Just that we can only pay for some right now. Has no one here ever lived paycheck to paycheck before?

A lawsuit's been filed - they're asking for much more. The OP and/or his sister needs to communicate with them.

I'll have to get in contact with them I guess. I don't know how receptive they will be even if I wanted to pay the whole thing off. They now have court costs and attorney fees.

 

[Zigner]

Oh right, why didn't I think of this... Let me just go out to my money tree and pluck off some money...



Well paying SOME of the money does not mean we intend to never pay it off. Just that we can only pay for some right now. Has no one here ever lived paycheck to paycheck before?



I'll have to get in contact with them I guess. I don't know how receptive they will be even if I wanted to pay the whole thing off. They now have court costs and attorney fees.

First of all, your SISTER needs to contact them. You can have her on the phone to give permission for them to speak to you. Then you may be able to work out a payment plan, or simply tell them she has no money. It's unfortunate that she (and you) ignored this matter until it turned in to a lawsuit.

 

[cbg]

Well paying SOME of the money does not mean we intend to never pay it off. Just that we can only pay for some right now. Has no one here ever lived paycheck to paycheck before?

Indeed I have. Which is how I know that if SHE (there is no WE here) had paid some of it previously and continued paying some of it until it was paid off, she wouldn't be in this situation now. It was her responsibility to pay the bill, not to forget about it; it was not the responsibility of the provider to send continuous reminders until she got around to remembering it.

I'm sorry for her health situation. But the fault here is not with the provider.

 

[ecmst12]

Why didn't her insurance cover the bill? Or is this for her portion after their payment?