Being sued in small claims court (legal help)

[Peter]

Update: Debt agency is unwilling to budge. Claim that we need to pay at least half today and half in 4 weeks or it goes to court. They are also charging "additional" lawyer fees that are not listed in the original court summons. Not sure how legit any of this is but it smells like ******** to me. Any further ideas, yall?

 

[CloneGuy8]

Update: Debt agency is unwilling to budge. Claim that we need to pay at least half today and half in 4 weeks or it goes to court. They are also charging "additional" lawyer fees that are not listed in the original court summons. Not sure how legit any of this is but it smells like ******** to me. Any further ideas, yall?

Easy for me to say not having to deal with this, but I'd just straight up tell them what you will pay them. Then say they can either accept this, or not get a penny. As someone else mentioned, debt collection agencies buy debts for very cheap, so even if you only pay 30-40% of the bill, they still profit.

Also, do you know who Clark Howard is? If not, he's a financial guy that knows his stuff. Has a hotline called 'Team Clark' that gives free advice. I've heard him talk about debt collectors in the past. Maybe give them a try to see if they have any good advice
https://clark.com/consumer-action-center/free-consumer-help-call-team-clark-howard/

 

[NodawayRiverClone]

No court date is set yet, right? If there is a respond-by date on the summons, tell your story that you contacted the vendor/collector to offer/request a reduced amount. You cannot pay 1/2 now and the rest in a few weeks. Therefore, you will tell your story before the judge and ask for better conditions - an affordable amount or payments over a longer time. Comply with the court's timeline so there is no summary judgment against you. Debtor has already paid a fee to file a claim, so they think you are good for some of it. Proceed as if you are going to court and make sure the debtor knows. I am not a lawyer and this is not legal advice.

 

[CtownCyclone]

Try posting in r/legaladvice. They can probably give you some pointers on what to expect.

 

[ArgentCy]

Who is really the scumbag in this scenario? The hospitals need that capital(money owed) to keep operating. At least they can get some of it right away from people buying debt. Scumbag is person not paying.

That is about the most scummy industry around. They did nothing to contribute value to the situation. Yes, the hospitals should be paid for their services. But if you pay these companies the hospital isn't going to get the money, they only get the pennies on the dollar the company paid them.

Not just my opinion. Dave Ramsey will call them out at least once a week.

 

[Peter]

I'm reading too that debt collectors often don't have the documents to prove they own your debt and that if you file a request they may back down?

 

[CYEATHAWK]

I'm reading too that debt collectors often don't have the documents to prove they own your debt and that if you file a request they may back down?

Try it..never hurts. And don't worry about going in front of a SC judge, this is civil not criminal. And most of the time it never gets that far. There is mediation before and most of the time things get settled right there. Admit to what ever debt you owe, tell them this is what you can do and stick to it. Don't let them kid you, they don't want to be there anymore than you do. They are going to be tough guys now, but when the time comes you will be surprised how things can get worked out in mediation. Just make sure you know exactly what you owe.

 

[Sparkplug]

A former tenant took us to small claims and there wasn’t mediation offered. I would call the Clerk of Court and ask.

If you are wondering, the judge agreed with the repair costs charged against the tenant’s deposit.

 

[AttackOfTheClones]

Remember this when you do a job for someone someday and they don’t pay you. One of the many reasons health care is expensive is they have to figure in all the deadbeats in their charges. Especially true for small hospitals that often have operating margins at or below 1%. Did they take care of her problem? If so, I say pay them. Work out a payment plan. They will likely work out a lower amount. Would you be expected to pay the bill if it was your car? Problem in healthcare is there is a duty to care without a duty to pay.

sage advice...unfortunately there is a lack of accountability these days