Court Date for Medical Debt from 2014

[quincy]

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?

Hospitals have the forms.

 

[Moofies]

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?

According to what my husband said when he called, it was how they have to do it. Whether that's a Covid issue or a legal issue, I'm not sure. Either way, I'm at least feeling a little less helpless with my options.

 

[quincy]

... Either way, I'm at least feeling a little less helpless with my options.

Good.

And good luck.

 

[cbg]

Are there any law schools in your area? If so, often they will hold "clinics" where third year law students, under the direction of their professors, review and explain legal situations for no, or a very low, cost. It is often a very cheap alternative when in need of legal services.

 

[quincy]

Here is a link to the Northwest Justice Project website where legal assistance for low income individuals
in Washington state can be found:

https://nwjustice.org/home

 

[Moofies]

Are there any law schools in your area? If so, often they will hold "clinics" where third year law students, under the direction of their professors, review and explain legal situations for no, or a very low, cost. It is often a very cheap alternative when in need of legal services.

That's an outside of the box idea I hadn't even thought of. Thank you.

Here is a link to the Northwest Justice Project website where legal assistance for low income individuals
in Washington state can be found:

https://nwjustice.org/home

This is the one I'm calling Tuesday for advice on how to properly prove we are applying for Care Charity, to both the debt collectors and judge. (I forgot to mention this is a Zoom meeting court appearance, and I have a feeling having copies of my paperwork and proof of mail might not be useful without submitting it somehow.)

I also need to figure out if I need to submit a different answer than my previous one, to include the Care Charity, and how to do that.

I know that you said a collection agency has to pause proceedings while I apply, but I want to make sure I adequately do my part to make sure they know it. Is a phone call enough?

 

[quincy]

That's an outside of the box idea I hadn't even thought of. Thank you.



This is the one I'm calling Tuesday for advice on how to properly prove we are applying for Care Charity, to both the debt collectors and judge. (I forgot to mention this is a Zoom meeting court appearance, and I have a feeling having copies of my paperwork and proof of mail might not be useful without submitting it somehow.)

I also need to figure out if I need to submit a different answer than my previous one, to include the Care Charity.

You could amend your Answer if you want to but I would rely on the advice you receive from the Justice Project lawyers.

 

[Moofies]

You could amend your Answer if you want to but I would rely on the advice you receive from the Justice Project lawyers.

I'm kind of thinking I should, but I think what I'm going to do first is phone the collection agency first thing on Tuesday and notify them of my intentions to follow through with Care Charity.

I have purposely left out the name of this collection agency, but if it's true that they (collectors) also like to avoid court if possible and if there is indeed protection for me during this process, it's my hope they'll initiate the next step. I'm fairly certain they're the only ones that can actually delay my court date at this point. I think it's a 50/50 but like someone said here, I have nothing but time (and perhaps a little pride) to lose.

 

[quincy]

I'm kind of thinking I'll should, but I think what I'm going to do first is phone the collection agency first thing on Tuesday and notify them of my intentions to follow through with Care Charity.

I have purposely left out the name of this collection agency, but if it's true that they (collectors) also like to avoid court if possible and if there is indeed protection for me during this process, it's my hope they'll initiate the next step. I'm fairly certain they're the only ones that can actually delay my court date at this point. I think it's a 50/50 but like someone said here, I have nothing but time (and perhaps a little pride) to lose.

I think letting the agency know you are applying for Charity Care is a good idea. But I would leave it at that. I would not disclose any financial information to the collectors or agree to any payment arrangement. Not at this time. I recommend you speak to the lawyers at Justice Project before entering into any agreement with the agency.

Good luck.

 

[Moofies]

I think letting the agency know you are applying for Charity Care is a good idea. But I would leave it at that. I would not disclose any financial information to the collectors or agree to any payment arrangement. Not at this time. I recommend you speak to the lawyers at Justice Project before entering into any agreement with the agency.

Good luck.

I've been able to confirm your initial thoughts and advice independently and I'm so very grateful. I'm going to go ahead with my plans for Tuesday.

In the meantime, we got snowed in, so I'm making hot chocolate for my kiddo and coffee for myself, and sitting down with all these papers and writing myself notes.

 

[quincy]

I've been able to confirm your initial thoughts and advice independently and I'm so very grateful. I'm going to go ahead with my plans for Tuesday.

In the meantime, we got snowed in, so I'm making hot chocolate for my kiddo and coffee for myself, and sitting down with all these papers and writing myself notes.

Sitting back to drink hot chocolate and coffee sounds a good way to spend a snowy day.

Good luck on Tuesday.

 

[Moofies]

In the Summary Judgment papers that the Plaintiff sent me, under Statement of Facts, it states:

However, defendant(s) have failed to comply with CRLJ 13 and/or RCW 3.62 et seq. and/or 15 U.S.C. 1962 etc seq.

Could anyone tell me what this means?


Edited for Clarity: We responded in our Answer that we denied/did not know/lack clarity of the claims. We did file this and pay the fee with the court and did within the the time frame stated.

Also, a lot of this paperwork seems to explain why there was no malpractice, and I'm so very confused as nothing like that was ever claimed or argued. (I'm guessing it is a blanket disclaimer.)

 

[Moofies]

@Taxing Matters, I can post the entire paragraph if you feel it'd be helpful in deciphering it. I did clarify some things in the message above.

@Just Blue, apologies for the second post, I deleted the old one. Thank you.

 

[Taxing Matters]

In the Summary Judgment papers that the Plaintiff sent me, under Statement of Facts, it states:

However, defendant(s) have failed to comply with CRLJ 13 and/or RCW 3.62 et seq. and/or 15 U.S.C. 1962 etc seq.

Could anyone tell me what this means?

CRLJ 13 is the Washington state court rule for courts of limited jurisdiction that deals with counterclaims. Revised Code of Washington (RCW) § 3.62 et seq refers to the provisions of Washington state statutes that deal with income of the court from court costs, penalties, etc. 15 USC § 1962 et seq refers to the federal Fair Debt Collection Practices Act (FDCPA).

Are you sure you copied the RCW cite from the motion correctly? I'm having a hard time seeing where the court income provisions would apply. But as to the other two, I'm guessing you included in your answer a counterclaim against the defendant alleging at least a violation of the FDCPA. I am guessing that the plaintiff is asking for dismissal or summary judgment on that claim based on your failure to either properly plead the counterclaim under the Washington court rules or because you failed to establish a required element of the FDCPA.

So what was the counterclaim you made and is the plaintiff/creditor here the original creditor or a collection agency for the original creditor or that bought the debt from the original creditor?

 

[Taxing Matters]

@Taxing Matters, I can post the entire paragraph if you feel it'd be helpful in deciphering it. I did clarify some things in the message above.

It would help, if you can post it and redact any personal information like names, etc.