Being sued in small claims court (legal help)

Peter

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Feb 21, 2010
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Madison, Wisconsin
My partner just received a summons and complaint notice for some past-due medical bills. It happened when she was super broke and didn't have any insurance. We are doing better now financially but definitely can't pay it all upfront. Neither of us has any legal experience and we are wondering what we can do next. How hard is it to appeal these things or negotiate a lower payment? Any advice would be highly appreciated. Thanks.
 

NWICY

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Sep 2, 2012
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Since it's already in collections it's probably too late, but most hospitals will let you go on a payment plan.
 
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Sparkplug

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Oct 9, 2008
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Central Iowa
If you do not show up in court they will file a judgement against you. Not easy to collect a judgement. But you’ll have it on your record
 

NodawayRiverClone

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May 1, 2018
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You can find information online about a state's small claims court procedures. I believe your next step is to respond to the summons with your (partner's side) story. Then a court date will be set. Need to meet any deadlines. At the same time, contact the creditor and try negotiating down the bill and /or work out a reasonable payment schedule. They would like to get something rather than nothing. Even if its been turned over to a collection agency.
 

ISUAlum2002

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Apr 11, 2006
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Toon Town, IA
If you do not show up in court they will file a judgement against you. Not easy to collect a judgement. But you’ll have it on your record

We filed small claims against a guy once - he was in his truck and hit my wife's car - clearly his fault, he had merged into her lane. He gave us all his info, only to have us find out later that he had let his insurance lapse. We tried contacting him a bunch, all we wanted was our $250 deductible back that we had to pay for our collision/uninsured coverage (whatever had covered it, can't remember, it was years ago), even though the actual repair cost was much higher, of course.

Well, most people let that stuff go, but I sure as hell don't. We filed small claims, paid the fee. We paid extra to have him served and he never responded to the filing, and never showed up. We got a default judgement and the "good luck collecting from this guy" notice from the court.

A few years later we got a letter from the guy. Turns out, the small claims court filed a lien on our behalf on the guy's truck. So when he went to sell it, he had to clear the lien in order to allow the transfer of the title to the new owner. And in order to clear the lien, the court had to receive a letter from US telling them that he had repaid the judgement to us. So we sent him a letter and made him pay us the $250 plus all of the court costs we paid, plus interest. Then we had the lien released.

Cool story bro version: If you have a motor vehicle registered in the state, they'll file a lien on it if you don't pay a judgement against you and you won't be able to sell it until it's paid.
 

Macloney

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Feb 28, 2014
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Up Nort
I applaud you for seeking legal advice on CF, truly bold.

If you really need legal advice over a small claims summons, find a reputable lawyer in your city. Ask around. The quality of lawyers varies greatly because of the common misconception that because lawyers were smart enough to go to and graduate from law school, they are smart enough to practice law any better than the lawyer sitting across from them. Most aren't.

And this is easy, if the debt is already in collections, make arrangements with the collection agency for a payment and payment schedule that works for you. If it isn't, negotiate with the creditor for payments that work for you.
 

cycloneML

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Mar 5, 2008
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Don’t pay. I got a judgement against a couple and chased them and had a PI follow them and also put them in jail. Never did collect what was owed. At the end of the day, the courts have little influence in actually collecting the money.
 
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RotatingColumn

Well-Known Member
Oct 21, 2008
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My partner just received a summons and complaint notice for some past-due medical bills. It happened when she was super broke and didn't have any insurance. We are doing better now financially but definitely can't pay it all upfront. Neither of us has any legal experience and we are wondering what we can do next. How hard is it to appeal these things or negotiate a lower payment? Any advice would be highly appreciated. Thanks.

They will put you on a payment plan if you ask. Which is WAY cheaper than the open enrollment (enripoff) health insurance. The best insurance policy is to just make payments to the hospital.