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Civil claims court Questions.

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onijester

Junior Member
Hello, I live in West Virginia and was recently served a summons for a civil claim by a local Hospital claiming I owed for serviced rendered just over 5 years previous. I have no job, no income, and no property (besides books and cloths technically). I had to answer the summons and now have a court date. I can not get a free Legal Aid Lawyer as I live with my uncle and his income has to be counted by their approval process (or something like this as they told me). The amount is under $600 for the claim. I have no legal experience nor means of getting help with this normally. So I looked it up online.

I know they can not put me in jail, nor can they take property from me. But what can they do at worst? I also need to know what I need to take with me when I go to court, some have told me I would need to have money for fees and such. Really any advice on how to handle this would be welcomed.
 


Proserpina

Senior Member
Hello, I live in West Virginia and was recently served a summons for a civil claim by a local Hospital claiming I owed for serviced rendered just over 5 years previous. I have no job, no income, and no property (besides books and cloths technically). I had to answer the summons and now have a court date. I can not get a free Legal Aid Lawyer as I live with my uncle and his income has to be counted by their approval process (or something like this as they told me). The amount is under $600 for the claim. I have no legal experience nor means of getting help with this normally. So I looked it up online.

I know they can not put me in jail, nor can they take property from me. But what can they do at worst? I also need to know what I need to take with me when I go to court, some have told me I would need to have money for fees and such. Really any advice on how to handle this would be welcomed.

Any reason you can't ask Uncle for a loan/gift?
 
Hello, I live in West Virginia and was recently served a summons for a civil claim by a local Hospital claiming I owed for serviced rendered just over 5 years previous. I have no job, no income, and no property (besides books and cloths technically). I had to answer the summons and now have a court date. I can not get a free Legal Aid Lawyer as I live with my uncle and his income has to be counted by their approval process (or something like this as they told me). The amount is under $600 for the claim. I have no legal experience nor means of getting help with this normally. So I looked it up online.

I know they can not put me in jail, nor can they take property from me. But what can they do at worst? I also need to know what I need to take with me when I go to court, some have told me I would need to have money for fees and such. Really any advice on how to handle this would be welcomed.
They are pursuing a judgment against you. Not really sure what kind of advice your seeking. They want to be repaid for the services they provided to you; which I'm sure you agreed to when you signed an authorization for treatment and billing. They have a good chance of getting it; unless you have some compelling reason or evidence why they should not? You should appear in Court, dressed nicely and speak in a respectful manner. Is there a reason you're unemployed? You might want to gain employment so you can repay them, and for a host of other reasons. It's pretty impossible to live without an income, unless someone is going to assume 100% responsibility for all your needs. If you have been seriously injured, can't work etc., and have proof of that you could certainly bring it along with you, but it is not necessarily going to dismiss their case. They provided you with a service and they want to be paid. I agree with Prosperina. Ask your Uncle to borrow the money.
 

Proserpina

Senior Member
Mutual agreement there (!)

I'd also like to point out that the SOL in West Virginia for written contracts (that includes medical bills) is 10 years. Not the longest in the country, but definitely up there.

(Kentucky allows 15 years)
 

onijester

Junior Member
I live with my Uncle and he pays for my food and basic bills since he also lives here (heat, sewage, water, and so on). He pays for it because I maintain his house for him. I am seeking employment and would gladly pay them for services they rendered to me. However I have no knowledge of the services they rendered. I should since shortly before the date they claim they preformed services I lost my dream job and five days later found my aunt dead in her home. I can not ask him for a loan as doing so would put to much strain on his wallet as he is currently retired and handling medical issues of his own. I do not claim to wish to get away without paying them, I just do not know what they could get from me. Over the years I have sold all real property I have such as my laptop, my TV, and more. I drive his truck when he needs me too. I do things for him for gas if I need to go out to see a friend or other person. Sorry if this sounds like I am trying to wiggle out of paying a debt I owe, I am not nor will I ever be a person who is unwilling to pay for the services rendered to me if I am able to. Nor would I seek said services unless it was a dire situation (meaning going to an ER for a car crash or heart attack as an example). I am only worried because like I said, first time going to court in any fashion and didn't want to mess it up. Thank you though for the suggestions and help.
 
Creditors have different options available to them to collect debts once they get a judgement in their favor. They can lien property, garnish bank accounts etc., it depends on applicable laws, the type of debt, the amount of money owed and other factors. As far as what they can do to you personally; it sounds like you're fairly "judgement proof". You don't have any assets they can seize. They can't take your clothes or lap tops. Most likely it sounds like they will end up getting a Judgement, and if you don't pay, they will petition the Court for some type of payment plan.

Do you have the lawyers information that represents the hospital? Contact them and ask to speak to the Attorney about any possible options of settlement prior to the hearing. You might be able to negotiate a settlement or a payment plan. Will your Uncle loan you small monthly payments? That might be an option. It depends on whether or not they are willing to negotiate.

You may be "judgement proof" right now, but in the future things could change. This could affect future purchases of a home, getting a mortgage etc., and it will also stay in your credit report. You really need to gain employment or if your not able to work, apply for help.

Not knowing what services were rendered is questionable at this time. It has been five years. They must have made an attempt to collect this debt from you prior to seeking a judgement? Did you ignore their contact? You are responsible to make sure you are receiving or having your mail forwarded to where you currently live. Saying you don't know what services were provided is not going to fly or get you off the hook. You have had ample time to contact the collections agency, the hospital and the Attorney who represents the hospital. They can tell you what services were rendered.

Let this serve as a very important lesson to you, and I'm not being mean at all. You sound young. Don't make the mistake of ignoring debts and think they're going to go away. They are notorious for coming back to bite you in the rear end when you least expect it. It appears creditors are becoming even more aggressive nowadays in their attempts to collect as well. Bad debts effect everyone, not just the debtor. Creditors recoup their losses in the form of passing on higher interest rates, higher fees for service.

Does your community have a program to help low-income people with medical debt other than Medicaid? We have one locally here in NH. I had a friend served with a $40,000 lawsuit from the local hospital, and we were able to settle it for him by enrollment in the program and a small payment plan. Have you tried calling your local DHHS, welfare office or the hospitals billing department to see if they have one?
 
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Proserpina

Senior Member
Additionally, they can renew the judgment for 10 years. That's what - 15 years total?

Are you planning on never working again? :confused:

If you want to file Ch7 because of a $600 debt..well, in my opinion that is a completely foolish move unless you have many creditors coming after you and the amounts are FAR more substantial.
 

TigerD

Senior Member
Additionally, they can renew the judgment for 10 years. That's what - 15 years total?

Are you planning on never working again? :confused:

If you want to file Ch7 because of a $600 debt..well, in my opinion that is a completely foolish move unless you have many creditors coming after you and the amounts are FAR more substantial.
Not to mention it will cost almost 4 times the $600 debt to file bankruptcy.

DC
 

onijester

Junior Member
I do plan on working again and soon when possible. I do not plan on declaring bankruptcy nor ignore a debt I know I owe or can be shown evidence I agreed on. I do plan on paying them back and will as soon as I have funds to do so. For the last five years I have been helping both my Uncle and my mother in their life. She is now unable to drive and needed someone to drive her. He was working till last year and needed someone to make sure he was always woken at the proper time and had a nasty habit of letting his alarm clock be 'snoozed' till he was nearly late. He almost got fired not once but three times in that span of the first few months I was without employment. So I took the duty of helping assure he had a clean home, food for dinner, clean laundry, and on time for work seriously and focused on it with knowledge I would be free after four years to return to working.

Then personal issues rose that stopped me from seeking work this last year, I am currently trying to find work and have been since Sept. I sent a letter with my summons answer to the Lawyers of the hospital and explained my issue and how I was more than willing to repay a debt they could prove I owed in full and with the asked interest if they could simply send me copy of proof of service (something that showed that the services where preformed on the date stated). It has only been a week so I figured they either have not decided to respond yet or simply haven't found physical proof yet to copy and send to me. Like I said already, I am more than willing to pay I just don't have the money yet. I just didn't know what to do or bring to court in the worst case that they won't settle out of court with me if they accept that I can't pay them (yet).
 

Proserpina

Senior Member
I do plan on working again and soon when possible. I do not plan on declaring bankruptcy nor ignore a debt I know I owe or can be shown evidence I agreed on. I do plan on paying them back and will as soon as I have funds to do so. For the last five years I have been helping both my Uncle and my mother in their life. She is now unable to drive and needed someone to drive her. He was working till last year and needed someone to make sure he was always woken at the proper time and had a nasty habit of letting his alarm clock be 'snoozed' till he was nearly late. He almost got fired not once but three times in that span of the first few months I was without employment. So I took the duty of helping assure he had a clean home, food for dinner, clean laundry, and on time for work seriously and focused on it with knowledge I would be free after four years to return to working.

Then personal issues rose that stopped me from seeking work this last year, I am currently trying to find work and have been since Sept. I sent a letter with my summons answer to the Lawyers of the hospital and explained my issue and how I was more than willing to repay a debt they could prove I owed in full and with the asked interest if they could simply send me copy of proof of service (something that showed that the services where preformed on the date stated). It has only been a week so I figured they either have not decided to respond yet or simply haven't found physical proof yet to copy and send to me. Like I said already, I am more than willing to pay I just don't have the money yet. I just didn't know what to do or bring to court in the worst case that they won't settle out of court with me if they accept that I can't pay them (yet).

They don't have to provide you with proof of service - it's up to you to investigate that yourself. As far as them proving the debt, they only have to provide the bare minimum .

This is a basic NOLO source: http://www.nolo.com/legal-encyclopedia/debt-validation.html
 
I do plan on working again and soon when possible. I do not plan on declaring bankruptcy nor ignore a debt I know I owe or can be shown evidence I agreed on. I do plan on paying them back and will as soon as I have funds to do so. For the last five years I have been helping both my Uncle and my mother in their life. She is now unable to drive and needed someone to drive her. He was working till last year and needed someone to make sure he was always woken at the proper time and had a nasty habit of letting his alarm clock be 'snoozed' till he was nearly late. He almost got fired not once but three times in that span of the first few months I was without employment. So I took the duty of helping assure he had a clean home, food for dinner, clean laundry, and on time for work seriously and focused on it with knowledge I would be free after four years to return to working.

Then personal issues rose that stopped me from seeking work this last year, I am currently trying to find work and have been since Sept. I sent a letter with my summons answer to the Lawyers of the hospital and explained my issue and how I was more than willing to repay a debt they could prove I owed in full and with the asked interest if they could simply send me copy of proof of service (something that showed that the services where preformed on the date stated). It has only been a week so I figured they either have not decided to respond yet or simply haven't found physical proof yet to copy and send to me. Like I said already, I am more than willing to pay I just don't have the money yet. I just didn't know what to do or bring to court in the worst case that they won't settle out of court with me if they accept that I can't pay them (yet).
I think at this point it's safe to say they have accepted you are unable to pay them. Regardless, they are seeking a Judgment and from the facts you have provided they will most likely get it. Your inability to pay doesn't matter at this point. When you accepted their services you most likely signed an authorization for treatment and billing and agreed to repay them or take responsibility for the charges regardless of your financial situation. Your inability to pay is moot. If you don't pay within a certain time period, depending on State laws they will exercise whatever method they choose within their legal options to collect the Judgment. The only reason I suggested bringing up your financial situation is the Judge might give you a little longer time frame to pay them. However if you don't have any prospective employment in the near future and you've been unemployed for four years it's not likely to impact his/her decision. They'll order you to pay the debt within a standard time frame. It doesn't sound like you have anything you need to bring with you that is of any significance. Your time to dispute the validity of the debt or the services rendered has expired. From what you've stated, none of that is going to help you. Your options right now are pretty limited. It doesn't sound like you need anything special. Since this is your first time in Court; be respectful to everyone, especially the Judge and the other party. Dress appropriately and be prompt. Stand up when your addressing the Judge and always refer to them as "Your Honor". Hope for the best, and expect the worse. That way your not surprised.
 
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