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Court Date for Medical Debt from 2014

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Moofies

Active Member
@Taxing Matters, holy smokes, what? Not that I intended! Let me copy my Answer here.

Okay, we filled out an Answer And Affirmative Defenses form and checked:
- We do not owe this debt.
- We disagree with the amount of the debt/the amount is incorrect.
 
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Moofies

Active Member
It would help, if you can post it and redact any personal information like names, etc.
Statement of Facts

Plaintiff's assigned made payments or rendered certain goods and/or services and/or their minor dependants, which assigned was duly licensed to render and which remains unpaid in the amounts prayed for in the complaint. Defendant(s) have answered by either denying the complaint and/or alleging certain counterclaim against plaintiff's assigned or against plaintiff for various violations of state and federal statutes, or failure to properly perform the services. However, defendant(s) have failed to comply with CRLJ 13 and/or RCW 3.62 et seq. and/or 15 U.S.C. 1962 et seq.


I also realize, now, after the legal consult last week, I should have checked Care Charity. I'm unsure if that can be amended now.
 

Moofies

Active Member
You will be contacting the Justice Project tomorrow, right?
That's correct. I've spent the weekend learning what I can from their resources and trying to understand these court documents as well as I can. I'll be calling them tomorrow to confirm how to file the Care Charity work properly with both the court and debt collection agency suing us. (I've printed the blank forums already and will fill them out according to their advice.)
 

Taxing Matters

Overtaxed Member
Statement of Facts

Plaintiff's assigned made payments or rendered certain goods and/or services and/or their minor dependants, which assigned was duly licensed to render and which remains unpaid in the amounts prayed for in the complaint. Defendant(s) have answered by either denying the complaint and/or alleging certain counterclaim against plaintiff's assigned or against plaintiff for various violations of state and federal statutes, or failure to properly perform the services. However, defendant(s) have failed to comply with CRLJ 13 and/or RCW 3.62 et seq. and/or 15 U.S.C. 1962 et seq.
My take on that is that the plaintiff's attorney has used some stock language that it inserts in all these sorts of cases, perhaps using a template and not carefully editing it for use in this case. Did you make any counterclaim against the plaintiff, like a claim that the plaintiff violated the FDCPA? After reading RCW § 3.62.060 it would make sense if you made a counterclaim but failed to pay the filing fee that the plaintiff would cite that as one of the errors, taking a stab that the court might reject it based on the failure to pay the fee. I've already mentioned what the court rule and the federal statute that were cited address.
 

quincy

Senior Member
That's correct. I've spent the weekend learning what I can from their resources and trying to understand these court documents as well as I can. I'll be calling them tomorrow to confirm how to file the Care Charity work properly with both the court and debt collection agency suing us. (I've printed the blank forums already and will fill them out according to their advice.)
One thing not provided to you yet in this thread is an explanation of what "summary judgment" is all àbout. Here is a link to that explanation, Civil Rule 56, Summary Judgment, which might help you understand what is going on with the debt collection agency's motion.

https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr56
 

Moofies

Active Member
My take on that is that the plaintiff's attorney has used some stock language that it inserts in all these sorts of cases, perhaps using a template and not carefully editing it for use in this case. Did you make any counterclaim against the plaintiff, like a claim that the plaintiff violated the FDCPA? After reading RCW § 3.62.060 it would make sense if you made a counterclaim but failed to pay the filing fee that the plaintiff would cite that as one of the errors, taking a stab that the court might reject it based on the failure to pay the fee. I've already mentioned what the court rule and the federal statute that were cited address.
No. Our Answer to the Complaint was the only thing we ever responded to with those two options checked.
 

Moofies

Active Member
One thing not provided to you yet in this thread is an explanation of what "summary judgment" is all àbout. Here is a link to that explanation, Civil Rule 56, Summary Judgment, which might help you understand what is going on with the debt collection agency's motion.

https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr56
Thank you. Yours is different than the one in my documents. The one in mine says: CRLJ 56 SUMMARY JUDGEMENT.

The copy you linked me is nowhere in my paperwork.
 

Taxing Matters

Overtaxed Member
No. Our Answer to the Complaint was the only thing we ever responded to with those two options checked.
Then it would seem the plaintiff's attorney failed to edit out the stuff about counterclaims and FDCPA claims from whatever template he/she used to prepare the motion.
 

Moofies

Active Member
Yep, that's the one in my paperwork. I don't see any other paperwork from us. Just our Answer and Affirmative Defenses response.


Then it would seem the plaintiff's attorney failed to edit out the stuff about counterclaims and FDCPA claims from whatever template he/she used to prepare the motion.
Okay, so I shouldn't worry about it?
 

quincy

Senior Member
Moofies, did you ever find in any of the documents you received from the debt collection agency any statement about charity care? I might have asked this before.
 

Moofies

Active Member
Moofies, did you ever find in any of the documents you received from the debt collection agency any statement about charity care? I might have asked this before.
No, we never got any information about Charity Care. It's not in any of these court copies either. I have a couple of older papers that survived homelessness in my bag and none of them mention it either. (Incidentally, that's when they dismissed everything the first time to refile it again.)

When we filed our initial Answer/Defense, I did see it as an option on the form, but we didn't check it because we were unsure if it even applied to us. (Everything we read just said if in doubt, check unsure, so that's what we did.)

The attorney that gave us the consult last week was the first person who ever explained our rights for Care Charity, just before posting here.

On a side note, I also did my homework on the program offered from the hospital directly. They cover full cost for 'around 300%' of the National Poverty line and offer 75-90% for between 300 and 400% NPL, and have a full sliding scale payment for everyone under 400%. (They consider case by case exceptions.)

Our income is between 300-318% according to their calculator, but I'll know for sure tomorrow when I go through pay stubs and all that stuff tomorrow. (I was merely curious and ballparked the calculator.)

I'm just kind of irritated because once our insurance was denied initially, the hospital flat out refused to even talk about my account with me again even though we had corrected the insurance side issues. I got the distinct impression they were inflexible and not willing to negotiate, in other words.

Yet, here we are now, and their website says otherwise. I realize nearly 6 years later their policy has undoubtedly changed, but I'm still frustrated.
 
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Moofies

Active Member
You may want to point out in your reply to the motion that you have made no counterclaim or claim under 15 USC § 1962 et seq (the FDCPA) and therefore there was no failure on your part to comply with the those rules.
What motion? Do you mean when we go before the judge?
 

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