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what should i do if a small claims complaint is filed against

 
Alex Esquire's Avatar
  • Answered by:Alex Esquire
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Customer Question

what should i do if a small claims complaint is filed against me for a medical bill that is 5 months old from giving birth to my daughter?

 

Optional Information:
Country relating to Question: United States
State (if USA): Nevada

Already Tried:
i just recieved the document today through the mail, it looks like it was filed on 6/14/12 and i never recieved the collection companys demand letter. i never signed from it and if i would of recieved it i would have tried to make payment arrangements

Submitted: 278 days and 11 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  Alex Esquire replied 278 days and 11 hours ago.

Hello. My name is XXXXX XXXXX X will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Basically, you would need to file an answer to this Small Claims court complaint and explain your position on this matter.

Also, you can contact the attorney for the medical provider and negotiate an amicable and mutually acceptable settlement which can include a payment plan or a reduces lump sum payment.

Customer replied 278 days and 11 hours ago.

how will i get the plantiff's attorney's information? should i just call the doctors office?

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Expert:  Alex Esquire replied 278 days and 11 hours ago.

Thank you for your follow up.

The plaintiff's attorneys information should be on the small claims complaint that you were served with and the attorney was supposed to sign it and put his/her contact information under the signature line.

Customer replied 278 days and 11 hours ago.

all it shows is that the plantiff is "anesthesiology consultants, inc." and teresa flores is stating that i owe the money, and she has signed below, but no contact information. so does this mean i should contact the anesthesiology consultants?

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Expert:  Alex Esquire replied 278 days and 11 hours ago.

Thank you for your follow up.

That is correct. If the plaintiff is not represented by an attorney, you would contact the plaintiff directly and try to negotiate a settlement of this matter.

Customer replied 278 days and 11 hours ago.

will i have to pay any court costs or fees for this complaint being filed? or it there still time for me to fix it or is the suit already filed and its too late?

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Expert:  Alex Esquire replied 278 days and 10 hours ago.

Thank you for your follow up.

The plaintiff can get the small claims lawsuit dismissed at any time based on a settlement and the fees for filing the small claims suit are minimal and generally under $100.

Customer replied 278 days and 10 hours ago.

if for any reason the anesthesiology consultants office doesnt want to drop the case, what will happen to me

Accepted Answer

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Expert:  Alex Esquire replied 278 days and 10 hours ago.

Thank you for your follow up.

You would need to file an answer in the case, in which you would state your position to the court and a hearing will be held, at which the judge will determine if you owe the money to the plaintiff and also the amount of money owed and you will have a change to explain your position to the judge and to provide any relevant evidence and/or aguement to contest this claim and if the judge rules in the plaintiff's favor, the court will award a judgment to the plainitiff for the amount of money the judge determines appropriate and the plaintiff will be able to collect this money by garnishing your wages, seizing your personal property such as cars or by putting a lien on your real estate property (if you own any), until the judgment amount is paid in full.

Expert TypeAttorney at Law
Category: Legal
Pos. Feedback: 95.2 %
Accepts: 2551
Answered: 7/7/2012

Experience: Experienced Licensed Attorney

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