Court Date for Medical Debt from 2014

[Moofies]

I live in Washington state. I have a court date set for early March involving medical debt from 2014. The initial amount is around $1200 and is now around $4700.

The last time my husband tried to negotiate with the collection agency was in 2019, but they refused to negotiate. Soon after, we got a letter of voluntary dismissal. Then, last year, in February, we were sued again and sent an answer within the time frame. On Tuesday of this week, my husband collected another court document from his parents place that notified us of our court date early next month.

Today, we requested a charity case from the hospital, but it will take some time before it arrives and will be reviewed and won't likely be reviewed before our hearing.

What are our options for court? Should we try and contact the collectors again, and if so, what should we say? Will the judge consider us seeking charity and delay a ruling? (Are we even eligible anymore since it was from 2014?) Should we explain to the debt collectors that we're seeking charity for the bill?

I'm looking for anything we can do at this point to either negotiate or prepare us best for court in order to avoid having my husband's wages garnished. Basically, we're just trying to get this resolved out of court if possible.

Thank you. Any advice is appreciated.

 

[zddoodah]

I have a court date set for early March involving medical debt from 2014.

"Court date" is ambiguous. In the context of any given lawsuit, there may be many, many "court dates." Status conferences, motion hearings, trials, etc. What is going to happen at your March date?

Today, we requested a charity case from the hospital

What exactly does that mean?

What are our options for court?

I don't really understand the question, but the answer will depend on what exactly is going to happen at the "court date."

Should we try and contact the collectors again, and if so, what should we say?

Contacting the plaintiff/plaintiff's attorney will cost you nothing but time. As for what to say, if you don't know then contact would likely be a waste of time. Have you made an offer to settle -- either by a reduced lump sum or payments over time? Have you considered filing bankruptcy?

Will the judge consider us seeking charity and delay a ruling?

No one can intelligently predict what some unknown judge might do.

 

[Moofies]

The court date for early next month is for a Motion for Summary Judgement.

When I said we are applying for a charity case, what I mean is that we contacted the hospital's charity program to potentially help us pay the bill.

As for contacting the debt collection agency regarding the bill and not knowing what to say, that is partially what I was hoping to gain help with. My husband said they were rude and unbending in 2019; I'm just trying to figure out the best way of reapproaching the conversation with the debt collection agency to both resolve the matter and avoid court.

I realize nobody can predict anything in a legal sense, I'm just trying to be as prepared as possible and what I can expect in a process like this.

 

[quincy]

The court date for early next month is for a Motion for Summary Judgement.

When I said we are applying for a charity case, what I mean is that we contacted the hospital's charity program to potentially help us pay the bill.

As for contacting the debt collection agency regarding the bill and not knowing what to say, that is partially what I was hoping to gain help with. My husband said they were rude and unbending in 2019; I'm just trying to figure out the best way of reapproaching the conversation with the debt collection agency to both resolve the matter and avoid court.

I realize nobody can predict anything in a legal sense, I'm just trying to be as prepared as possible and what I can expect in a process like this.

The collection agency sued you in February of 2020?

Did the collection agency send you a letter prior to that date informing you that you had the right to seek charity care? Did you submit an application for charity care at that time?

 

[Moofies]

I'd like to further add that I'm not denying our responsibility for the medical debt. It was supposed to be covered by insurance but there were problems in both the billing of the hospital, the insurance company itself, and our own lack of initiative to see things through then.

I lost my place of residence in April 2019 and only established my own residence again in October of 2020. My husband and I are barely getting by on his income, but I'm trying my best to regain my bearings. This is the only debt we both have. If his checks are garnished I will face homelessness again. I want to get this squared away.

I apologize if none of this means anything to anyone. I realize it doesn't matter to the debt collectors and likely doesn't in the court of law. I'm merely trying to better understand the process so I can know what to expect, and I'm hoping that someone more familiar with this process can shed light on anything I might be missing.

I hope that clears up my intentions.

 

[quincy]

I'd like to further add that I'm not denying our responsibility for the medical debt. It was supposed to be covered by insurance but there were problems in both the billing of the hospital, the insurance company itself, and our own lack of initiative to see things through then.

I lost my place of residence in April 2019 and only established my own residence again in October of 2020. My husband and I are barely getting by on his income, but I'm trying my best to regain my bearings. This is the only debt we both have. If his checks are garnished I will face homelessness again. I want to get this squared away.

I apologize if none of this means anything to anyone. I realize it doesn't matter to the debt collectors and likely doesn't in the court of law. I'm merely trying to better understand the process so I can know what to expect, and I'm hoping that someone more familiar with this process can shed light on anything I might be missing.

I hope that clears up my intentions.

I don't question your intentions. Medical debt is a problem for many. My question to you remains: Did the collection agency inform you that you could apply for charity care prior to filing suit in February of 2020 and, if so, did you apply for charity care at that time?

The reason I ask is that collection activity must stop during the pendency of an application for charity care.

 

[Moofies]

The collection agency sued you in February of 2020?

Did the collection agency send you a letter prior to that date informing you that you had the right to seek charity care? Did you submit an application for charity care at that time?

Thanks for your reply. Last year we got a court letter of Voluntary Dismissal from the debt collectors shortly before they transferred the debt to one of their subdivisions and served us again. I am not certain why it was done this way.

I am not aware of them informing either of us about Charity Care. We applied for that just yesterday after a free brief consultation with an attorney over the phone who informed us that was an option.

The papers we have that are attached tp the summary hearing is 40+ pages and to be brutally honest I don't understand most of it, but I'm trying to.

 

[quincy]

Thanks for your reply. Last year we got a court letter of Voluntary Dismissal from the debt collectors shortly before they transferred the debt to one of their subdivisions and served us again. I am not certain why it was done this way.

I am not aware of them informing either of us about Charity Care. We applied for that just yesterday after a free brief consultation with an attorney over the phone who informed us that was an option.

The papers we have that are attached tp the summary hearing is 40+ pages and to be brutally honest I don't understand most of it, but I'm trying to.

What I suggest you do is to contact the collection agency and tell them you just applied for charity care. You will want to provide the collection agency with proof that you applied. That might work to delay the March hearing.

You can sit down with an attorney in your area (if you can afford to) or seek out a legal aid clinic that can review the 40+ page documents you have received and tell you what it all means, all for low or no cost.

 

[Moofies]

What I suggest you do is to contact the collection agency and tell them you just applied for charity care. You will want to provide the collection agency with proof that you applied. That might work to delay the March hearing.

You can sit down with an attorney in your area (if you can afford to) or seek out a legal aid clinic that can review the 40+ page documents you have received and tell you what it all means, all for low or no cost.

Thanks for the insight. I can't afford to pay this bill even for its original amount, not in a lump sum anyways, and the handful of agencies I spoke to since getting the summons have said it falls a couple of hundred dollars short of their cutoff for representation. (Basically, it's too little for the time and effort.)

But, getting to the Charity Care. So, we called and explained what we could, and they said they'll mail us the application. We have to wait for it to be mailed, fill it out, and return it to be considered. My concern is that this most definitely won't be in time before the hearing.

How am I able to provide proof I'm starting the process?

 

[quincy]

Thanks for the insight. I can't afford to pay this bill even for its original amount, not in a lump sum anyways, and the handful of agencies I spoke to since getting the summons have said it falls a couple of hundred dollars short of their cutoff for representation. (Basically, it's too little for the time and effort.)

But, getting to the Charity Care. So, we called and explained what we could, and they said they'll mail us the application. We have to wait for it to be mailed, fill it out, and return it to be considered. My concern is that this most definitely won't be in time before the hearing.

How am I able to provide proof I'm starting the process?

Here is a link to the Washington Law Help Organization with information on medical debt collection and charity care:

https://www.washingtonlawhelp.org/resource/getting-help-with-medical-debt-in-washington

 

[Moofies]

Here is a link to the Washington Law Help Organization with information on medical debt collection and charity care:

https://www.washingtonlawhelp.org/resource/getting-help-with-medical-debt-in-washington

Thank you, again. Should I wait until I receive the mail from the Charity Case before contacting the debt collectors, or do you think it'd be best to just phone them and let them know anyways?

 

[quincy]

Thank you, again. Should I wait until I receive the mail from the Charity Case before contacting the debt collectors, or do you think it'd be best to just phone them and let them know anyways?

I would call the debt collector/attorney for the agency now and say you have sent for a Charity Care application but have not received it yet.

The link I provided above lists what you will need to have on hand when filling out the application - and how to send the application. You will want to save copies of everything, including proof of mailing. Fill out the application completely and mail it out immediately.

If the March hearing date is approaching and the debt collection agency has not asked for postponement/rescheduling, you will want to have the same documents you gathered for filling out the application available at the hearing.

 

[Moofies]

I would call the debt collector/attorney for the agency now and say you have sent for a Charity Care application but have not received it yet.

The link I provided above lists what you will need to have on hand when filling out the application - and how to send the application. You will want to save copies of everything, including proof of mailing. Fill out the application completely and mail it out immediately.

If the March hearing date is approaching and the debt collection agency has not asked for postponement/rescheduling, you will want to have the same documents you gathered for filling out the application available at the hearing.

Thank you very much.

 

[quincy]

Thank you very much.

You're welcome, Moofies. Thanks for the thanks.

Good luck.

 

[adjusterjack]

But, getting to the Charity Care. So, we called and explained what we could, and they said they'll mail us the application. We have to wait for it to be mailed,

Why wait? Why not go to the facility and pick up the forms? For all you know, the person you talked to put your info aside on top of a hundred other things that won't be looked at for weeks, if at all. Did you get the name and location of that person so you can go pick up the papers personally?