Summoned to Court for Medical Bills — What Do I Do?

George Simons

January 13, 2021

Summary: If you're summoned to court for medical bills, use SoloSuit to respond in 15 minutes and win your lawsuit.

Getting sued for unpaid medical bills can be an intimidating and overwhelming experience. You are probably getting multiple phone calls and correspondence from a debt collector seeking repayment. Then, they drop the proverbial hammer and file a lawsuit against you. In the blink of an eye, you are not confronting a legal battle where you have been summoned to appear before a judge in court. If you find yourself in this situation, you need to be prepared, proactive and possess a general understanding of your legal rights.

When Someone Can Be Sued for Medical Debt

If you have unpaid medical bills, the accounts department of your chosen medical facility will probably try to contact you for the outstanding amount. If they do not recover payment, the accounts department will probably wind up assigning your account to an internal collection department or they could wind up “selling” your account to a debt collection company. Basically, a debt collection company will offer the hospital a discounted amount to purchase your delinquent account. Once acquired, the company will then do all they can to try and recover on the outstanding medical debt.

The debt collection agency will likely try, on multiple occasions, to contact you. If you do not pay, then the debt collection company will probably escalate the matter to a lawsuit.

What To Do If You are Summoned to Court for Unpaid Medical Debt

When you receive a summons, there are certain steps you need to take to protect your right. First and foremost, do not ignore the Summons. You need to make sure you comply with the deadlines and instructions provided by the court.

While drafting your response, you have multiple options and affirmative defenses that could be raised with the court. For example, you could argue that the allegations in the Complaint are incorrect or you could highlight the fact that you did not receive any notice from the hospital (if applicable).

Another potential defense is by highlighting the fact that you were eligible for Medicaid, but you never received assistance from the hospital for the Medicaid application. Another defense is highlighting the fact that the hospital failed to generate a proper bill, according to your insurer (if applicable).

What To Do If a Default Judgment is Entered Against You

If you fail to file a response to the Complaint, then the hospital or debt collection company will likely file a motion asking the court to enter a default judgement against you. If you find yourself in this situation, you would need to prove one of the following:

  • You did not receive any documentation from the court or from the hospital about the medical debt
  • You reasonably believed that your health insurance company paid the outstanding medical bill, or bills.

Having a default judgment entered against you is not optimal and puts you in a weak position when attempting to negotiate with the hospital or collection agency. This is why a better option is to be proactive and respond to the debt collection lawsuit. In order to file an effective response, take advantage of the resources and information available through SoloSuit.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

If you need assistance on how to best respond to a debt collection lawsuit, consider utilizing SoloSuit. What is SoloSuit? Take a moment to review these FAQs to learn more.

(How to stop receiving calls from Covington Credit)

Importance Takeaways on What To Do If You are Sued for Medical Debt

Here are some key points on what you need to do if you are served with a debt collection lawsuit for unpaid medical bills:

  • Respond to the Complaint and see if there are viable defenses to challenge the veracity of the lawsuit
  • If an adverse judgment is entered against you, consider reaching out to the debt collector to try and negotiate a lower settlement amount.
  • Review your different checking and savings accounts since there is a chance a debt collector could try to garnish your wages or extract funds from your bank accounts.

Best of Luck!

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