Slow down, man, he's not running for president.
Being sued in small claims court (legal help)
- Thread starter Peter
- Start date
Small claims cases in most counties-- both parties meet with a mediator approx an hour prior to the scheduled trial. (typically w/a retired businessman/volunteer),and try to work out an agreement. If no agreement is made, you go to courtroom and plead your case at the scheduled time in front of a judge. Go into this prepared w/ documentation, etc., supporting your case. (or defense)
I have been to small claims (3) times over the years... all as a plaintiff. and won every time. It helped that all three defendants were f-ing douches.
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Plaintiffs win all the time-- and place a judgement on someone---and never see a penny. The defendant typically can avoid paying anything. The judgement goes on their credit report, and you might get paid if the losers try to buy a home, re-fi, or sell a home. Unpaid judgements on record typically expire after 10 yrs, so you have to renew them
Yeah but if you owe it they will win anyway. I had the same thing happen when I was younger. I didn't show because I in fact, owed the money. They sent it to a credit company and I negotiated it down 50 percent and paid it.
Yeah, I thought that went without saying. If you actually owe the debt, you owe it and the court will confirm that. Pretty sure that the debt collection companies just want "some" money out of you. I believe they buy the debt from the folks who originally held it at a discount.
The key is to not pay it right away. Hold off for a while and make them just happy to get something. if you just pay it right away they win. If you can withstand the barrage of phone calls and wait 6 months, then when on the phone with them say something like "I can only pay like 100 bucks, is that enough". Then they get the supervisor involved and will counter offer.
Typically, the judge allows payment plans to be offered for the settlement. You can usually offer a reasonable amount and be ok
Make sure to show up and at least work with them. If you don't they automatically win and can then accrue interest on the judgement. If you ever need to move and buy a new house or anything it'll come back to bite you and I believe you owe that full amount. Communication will be the key and working with all parties involved.
If this is a debt collector and not the original company...ask for copies of the bills that show what you owe. This is probably different, but a lot of people get cleared of their old debts because these companies take them to court...but the debt has been passed from company to company and the one trying to collect doesn't even have the info on what they're collecting for anymore.
DISCLAIMER: I'm not a lawyer
and this is not to be taken as legal advice
DISCLAIMER: I'm not a lawyer
and this is not to be taken as legal advice
If this is a debt collector and not the original company...ask for copies of the bills that show what you owe. This is probably different, but a lot of people get cleared of their old debts because these companies take them to court...but the debt has been passed from company to company and the one trying to collect doesn't even have the info on what they're collecting for anymore.
DISCLAIMER: I'm not a lawyer
If that doesn't work, maybe you could try the whole sovereign citizen angle.
Don't really do this.
Yes, the collections companies buy "bad debt" at a very steep discount - their business model is : buy bad debt for 5-10% of the original amount, try to collect on at least 20% to enable making a profit. Some of them are pretty unscrupulous in pursuing it - trying to trick relatives into paying it, etc. The numbers will vary, as some bad debt is considered better quality than other bad debt, but that's the general picture.
As to your original question, I agree with a lot of the other comments. If you show good faith in trying to work out a payment plan and show that you're willing to pay something, you should be able to work out a deal. My "step-father-in-law" is one of the volunteer retired business people who does mediation. They see a lot of "deadbeats", who are very irresponsible, so if you show up and present yourself well, show that you are trying to be responsible, they will work with you.
Disclaimer : not a lawyer and this is not legal advice...
I'd counter sue them and sue them in another jurisdiction.
Give me a couple hours to think of what you can counter sue them for.
Get this thing all tangled up in the courts and nothing will ever come of it, but you need to go on offense. And not old fashion wishbone offense you need to Air Raid those guys and get them off their game plan.
Give me a couple hours to think of what you can counter sue them for.
Get this thing all tangled up in the courts and nothing will ever come of it, but you need to go on offense. And not old fashion wishbone offense you need to Air Raid those guys and get them off their game plan.
I'd counter sue them and sue them in another jurisdiction.
Give me a couple hours to think of what you can counter sue them for.
Get this thing all tangled up in the courts and nothing will ever come of it, but you need to go on offense. And not old fashion wishbone offense you need to Air Raid those guys and get them off their game plan.
Yes. Also consider arguing that she owes more than the small claims limit. This way they have to take her to “real” court and deal with the accompanying headaches.
(Don’t do this)
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.
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LincolnWay187
Guest
100 percent this. Anyone saying dont pay should get no say on how the healthcare system should be shaped...what the **** people. Someone else is eventually paying for it.
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If this is a debt collector and not the original company...ask for copies of the bills that show what you owe. This is probably different, but a lot of people get cleared of their old debts because these companies take them to court...but the debt has been passed from company to company and the one trying to collect doesn't even have the info on what they're collecting for anymore.
DISCLAIMER: I'm not a lawyer
Agreed. There are tons of scumbags around that buy debts for pennies on the dollar and then just sue everyone to see what they can collect. If you show up and ask for proof that may be enough.
Just don't make the King/Queen of the courtroom angry. That probably isn't a good strategy. Obviously I'm not a lawyer.
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LincolnWay187
Guest
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.
Thanks for the advice everyone. Sorry I've too busy today to respond. We are calling the debt agency to see what we can work out. Going to ask them for all the records they have. If we cant work anything out we are going to call the clinic and see if we can settle directly. Not sure if they have actually sold the debt ot not. Definitely want to avoid court if at all possible.
Absolutely. If you don't pay your bill, how's the hospital going to pay their piping contractors?
