Confused...what do you think of this?

[genalewis]

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

I had some minor surgery back in April, and it took my insurance months to figure out what they were paying. I got so much information from doctors and the insurance company at the time that I kind of lost track of what I did and didn't owe.

Last month, I got a letter in the mail from an attorney stating that I owed a certain amount to surgical center, and that they'd take me to court in 30 days if they did not hear from me. I called them and told them we could work out a settlement if they sent me an itemized statement. For some reason, the individual I spoke to did not have one and could not produce one. Nothing was sent.

Yesterday I received a summons from them. I called again and let them know I never received anything from them and I am still not 100% convinced of the validity of the debt. I told them to just send me something from the original debtor, and we can settle this out of court. Again, she acted like this was damn near impossible for her to do.

Am I right in standing firm on this? The lawyer would have to bring some sort of proof that the debt is valid to the court if I dispute it, right? I don't know why this has become such a major issue for them. Providing this info to me should be pretty simple (or so I thought).

 

[TigerD]

I got so much information from doctors and the insurance company at the time that I kind of lost track of what I did and didn't owe.

Nonsense. I was with you up to this statement. You knew you owed money and it was your responsibility to figure it out.

Am I right in standing firm on this?

No. You got sued. You should have made your request in writing. However, you need to deal with the situation now - you can review your errors later.

The lawyer would have to bring some sort of proof that the debt is valid to the court if I dispute it, right? I don't know why this has become such a major issue for them. Providing this info to me should be pretty simple (or so I thought).

Now you need to answer the suit and utilize the discovery process. If you don't know how, either learn quickly or hire an attorney.

DC

 

[genalewis]

This does not answer my question.

I realize that I should have submitted my dispute in writing. However, what is done is done, and I am attempting to deal with the lawsuit at this point. I am familiar with FDCPA regulations, so I am aware of the following from section 809:

"(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer."

So allow me to rephrase my question: if the validity of the debt is in question, wouldn't a judge request that the plaintiff present proof that the debt is valid before issuing judgment? Wouldn't not requiring such proof if requested by the defendant be a violation of the FDCPA?

 

[Zigner]

This does not answer my question.

I realize that I should have submitted my dispute in writing. However, what is done is done, and I am attempting to deal with the lawsuit at this point. I am familiar with FDCPA regulations, so I am aware of the following from section 809:

"(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer."

So allow me to rephrase my question: if the validity of the debt is in question, wouldn't a judge request that the plaintiff present proof that the debt is valid before issuing judgment? Wouldn't not requiring such proof if requested by the defendant be a violation of the FDCPA?

Ok, read this slowly: YOU HAVE BEEN SUED

Take all the deadbeat thinking regarding validation, etc. out of your head and understand that you are dealing with an entirely different set of rules to play by. Again, either learn the NEW rules quickly, or hire an attorney.

 

[genalewis]

What's with the rude comments and the "deadbeat" crap? I came here for legal advice. If there is something you can tell me to answer the question, please let me know. Okay, so you say the rules have changed. Then help me learn, please.

 

[Zigner]

What's with the rude comments and the "deadbeat" crap? I came here for legal advice. If there is something you can tell me to answer the question, please let me know. Okay, so you say the rules have changed. Then help me learn, please.

You need an attorney. Your question is beyond the scope of an internet forum.

ETA: I wasn't rude. I never said you were a deadbeat. Only your actions can show whether or not you are.

 

[genalewis]

But it's a legal forum...?

I'm not getting an attorney for $900 that I have no problem paying. I just want a copy of the bill. Again, my question is, can I get that at this point?

Do you know if the answer is "yes" or "no"?

And if the answer is "yes," I have no problem doing the necessary research so that I can properly represent myself in court to make sure I receive what I am requesting. I just need to know if it's possible, then I'll go from there.

 

[Zigner]

But it's a legal forum...?

I'm not getting an attorney for $900 that I have no problem paying. I just want a copy of the bill. Again, my question is, can I get that at this point?

Do you know if the answer is "yes" or "no"?

And if the answer is "yes," I have no problem doing the necessary research so that I can properly represent myself in court to make sure I receive what I am requesting. I just need to know if it's possible, then I'll go from there.

The answer is YES. You need to research the process called "Discovery"

And, my response was 100% legally accurate.

 

[genalewis]

Good enough. That answered my question. Thank you.

 

[Zigner]

Good enough. That answered my question. Thank you.

You're welcome!

 

[TigerD]

This does not answer my question.

I answered your question. Read it again. Repeat, using a dictionary for the big words, until you understand.

DC

 

[genalewis]

I answered your question. Read it again. Repeat, using a dictionary for the big words, until you understand.

DC

Well, I got my dictionary out, as per your suggestion, and it still appears that you did not adequately answer my question. Go figure.