Thank you for your reply,
The information you gave me is little confusing, but it's understandable these things are confusing for people to read and I am trying to picture it in my mind.
You said the Plaintiffs listed on the Summons are the hospital, a law firm and Melissa somebody , representing the hospital. Apparently , though, it was not sold to a collection agency; they probably just engaged their services to try and collect. I am puzzled as to why the attorneys are named as Plaintiffs. Are you sure that under the name of the law firm it doesn't say something like:
"Craig, Bailes and Yon
XYZ or _____, Plaintiff
Here is what you need to ascertain, because I cannot see what you have in your hand,
1. Determine who the real Plaintiffs are;
2. Determine who the attorneys for the hospital are;
3. You have to ascertain who everybody is
4. When you prepare your Answer, the Original goes to Court (find out how many copies the Court wants besides the original);
5. Time-stamped copies must be served on all Plaintiffs ; when in doubt, serve a copy of your Answer to the Summons on everyone whose name appears on the Summons;
The reason I want this information is so I can tell you to whom to send your Answer to the Summons.;
Only your husband should appear as Defendant since the medical services were given to hi, BUT, Remember* If both you ands your husband are named Defendants, you both have to file an Answer.
6. Let's assume that only husband is a named Defendant, his Answer denies each of Plaintiff's allegations, Then include a separate count called "Affirmative Defense" and in that count you woulds allege that collection of the debt and any action brought therefor is barred by the Statute of Limitations (there's no "e" in this therfor)
7. Include a Count for a Counter Claim and sue them
8. If wife is a named Defendant, her Answer will be exactly like husband's, but would include a request that the Court remove you as a Defendant.
Did you receive my answer earlier in the day when I posted the Statutes of LImitations for various debts? I thought you might be a little more excited that you might be home free.
Because of the strong possibility that the Statute of Limitations has expired and collection of the debt is time barred, I would hate to see you lose because of something minor which you failed to include or do; I would strongly suggest you find a competent local attorney to assist you because this part is very technical. Do you have a Legal Aid or Legal Assistance program in your area?
Kindly press the "ACCEPT" button so that I may receive credit for assisting you.
Thank you and Good Luck!
ANDREA - Attorney at Law & Legal Expert