
January 7, 2009
Angela Fitch Subject: being sued by collection agency for medical bill!
Question: Hi I recently was served papers to go to court. I’m 28 years
old and I stay home with my 3 daughters my husband works at the post
office as a contracted mail carrier and the contract is in my name and
he does the work!We make an average paycheck once a month but after
paying our bills we are broke! My Husband and kids are on medicaid! I
just cant see how I am going to pay this bill 4500.00 its bad enough I
went to the ER with a kidney infection and I knew thats what it was and
told them!I’ve never had a Cat scan before so when they took me to have
that done I had no clue! I’m not a Dr but I know I didn’t need a Cat
scan to tell me I had a kidney infection!! I was very upset when I
realized what was going on but it had already been done! When the nurse
brought the papers. I cant afford this especially right now with the
economy the way it is! Please Guide me in the right direction as to
what I should do!! Answer: click here to enlarge I can tell you what is
going to happen with about a 99% certainty of being correct. First of
all, almost regardless of what you do the judge will grant a judgment
against you. Then they will get a garnishment and go after your bank
accounts, savings account (if any) then try to put a garnishment
against your paycheck. They can also go after any other assets you
might have.The contract is in your name so I assume that the checks are
also in your name. You would have to check your state garnishment laws
to see what all they can do.Now that you know the worst of what they
can do to you, let’s see what you can do to beat the law of averages
and turn that around. First of all you need to file a response to the
summons and complaint. You will also need to prepare a certificate of
mailing to send to the plaintiff’s attorney when you send them a copy
of your response. Then, if the summons was their first contact with you
or their first contact with you was within 30 days ago then you also
need to send a demand for validation of the ebt. That will stop them
from pursuing the debt or the case until they provide you with the
demanded validation.You also need to prepare and send your demand for
admissions at the same time which contains at least 40 things you
demand they admit to. When you get their answers back you will have the
material you need to send them demand for production of documents based
on their admissions or denials. Once they respond to your demand for
production of documents you may have to go back to them with demand for
interrogatories which are questions you demand they respond to.Count on
the fact that they will try to get away with giving you nothing at all.
In the process they will almost certainly violate various parts of your
state and/or local rules of procedure so you will need to obtain copies
of those and learn them as well as possible. If they violate you will
want to file motion to have them deemed admitted or file motion to
compel them to answer or produce the demanded documentation. In the
process you will want to catch them violating federal law as well. It
is almost a guarantee that they will do just that giving you a cause of
action to sue them in federal court where you can make it all go away
and actually get paid quite well for all the time and trouble they have
caused you.Another thing you will want to do is to find a way to get
your banking done without getting your money garnished. If you will
send me an email I will send you an invite to a brand new banking
system that will let you pay those you must pay using only your
cellphone. Of course, you also get a regular debit card that you can
use in any store or ATM.It works much like paypal except it is free to
join, and it don’t have all the fees that paypal charges you every time
you turn around. If you owe somebody you can simply use any cell phone
to pay them or if they happen to owe you they can pay using their
cellphone even if they are not account holders.Go to a garage sale for
instance and you want to buy something but don’t have the cash in hand
you can pay them with your cellphone. Plan to get your checks cashed
anywhere but at your bank, deposit cash and of course you will get
instant credit so you can upload the cash to your cellphone account
before you even leave the bank and they will never figure out where the
money is going. It will be safe from their greedy grasp.All you have to
do is email me at ceo at creditwrench dot com and I will send you an
invitation to become an account holder. No charge, no obligation. Look
at it and join if you want to and if you don’t, Oh Well.Next you will
want to learn how to do all the things I have mentioned above and I can
teach you all you need to know for less than the price of a half hour
of a lawyers time. I’ll tell you about that if you email me to get in
on the cellphone banking plan.
